Leonid Sirota has written two excellent articles in response to my essay, “The Case for a Constrained Approach to Section 7.” I am grateful for these pieces, firstly, because Mr. Sirota takes the view that my position is “largely misguided,” meaning that he endorses at least some of my views (though perhaps I am channelling Lloyd Christmas a bit on ...
Read More »Home ⇾ Tag Archives: legal philosophy (page 2)
Tag Archives: legal philosophy
How to Do Constitutional Adjudication: A Response to Asher Honickman’s Take on the Judicial Role
This is the secondof two articles Mr. Sirota has written in response to Asher Honickman’s essay entitled “The Case for a Constrained Approach to Section 7.” Mr. Honickman’s reply to follow. This article was originally published at Double Aspect, Mr. Sirota’s award winning blog. As I mentioned in my previous post, I would like to respond to a number of points ...
Read More »Permanent Problems
The law’s ideals and problems have not changed too much in 400 years I have only now read Francis Bacon’s essay “Of Judicature.” Bacon seems not to enjoy anything like the reputation of his rival Coke, in the law schools anyway ― I suspect that they haven’t heard much of Coke in the science faculties, where Bacon is regarded as ...
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