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Full-Text Articles in Social and Behavioral Sciences

A Darwinist View Of The Living Constitution, Scott Dodson Sep 2008

A Darwinist View Of The Living Constitution, Scott Dodson

Scott Dodson

The metaphor of a “living" Constitution imports terms from biology into law and, in the process, relies on biology for its meaning. A proper understanding of biology is therefore central to understanding living constitutionalism. Yet despite its rampant use by both opponents and proponents of living constitutionalism, and despite the current fervent debate over whether biology can be useful to the law, no one has evaluated the metaphor from a biological perspective.

This Essay begins that inquiry in an interdisciplinary study of law, science, and philology. The Essay first evaluates the metaphor as it is currently used and concludes that …


10th Annual International Global Business & Technology Association Conference | Madrid, Spain, Patrick Flanagan Jul 2008

10th Annual International Global Business & Technology Association Conference | Madrid, Spain, Patrick Flanagan

Patrick Flanagan

At this annual international meeting of the Global Business and Technology Association held in Madrid, Spain, Patrick Flanagan co-authored two papers with Frank P. Le Veness, Department of Government and Politics, St. John's University, Queens, NY (www.stjohns.edu) and served as a discussant for one concurrent session.