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The Domain Of Civic Virtue In A Good Society: Families, Schools, And Sex Equality, Linda C. Mcclain
The Domain Of Civic Virtue In A Good Society: Families, Schools, And Sex Equality, Linda C. Mcclain
Faculty Scholarship
The general topic for this panel's discussion, "The Constitution of Civic Virtue for a Good Society," brings to mind an impossibly large set of fundamental questions. For example, what role does civic virtue play in sustaining our constitutional order and what role, if any, should government play in inculcating civic virtue and, thus, fostering self-government? What role do the institutions of civil society-a realm between the individual and the state, including the family and religious, civic, and other voluntary associations-play? What, exactly, is the content of civic virtue and what textual sources and institutional actors determine it? If historical accounts …
Constitutionalism, Judicial Review, And Progressive Change, Linda C. Mcclain, James E. Fleming
Constitutionalism, Judicial Review, And Progressive Change, Linda C. Mcclain, James E. Fleming
Faculty Scholarship
This paper evaluates arguments made in Ran Hirschl's powerful and sobering book, Towards Juristocracy: The Origins and Consequences of the New Constitutionalism (Harvard, 2004). Studying Canada, Israel, South Africa, and New Zealand, Hirschl aims to dispel what he views as the hollow hopes that constitutionalism and judicial review will bring about progressive change around the world. If Gerald Rosenberg, in his book, The Hollow Hope: Can Courts Bring About Social Change, focused on the hollow hopes of liberals for social change securing, e.g., racial equality (Brown) and women's reproductive freedom (Roe), Hirschl focuses on hollow hopes for progressive economic change …