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LOL @ the Supreme Court's "PLAIN MEANING" Interpretation
Poast new message in this thread
Date: May 1st, 2012 11:29 AM Author: coiffed vibrant parlour foreskin Now, we may know that there is no such thing as “plain meaning.” But the Justices are situated in a belief system that takes as “objective” what is only conventional. They are not very likely to hear, let alone be persuaded by, an argument from within the indeterminacy critique-- whether the unknowability of the framers' intent, the polysemous character of language, or the contextuality of all meaning. In times of breakdown and crisis, there is no lingua franca. Thus, the ultimate lesson of the legal realist precedent is that the indeterminacy position guarantees its own marginalization because no homeostatic system (which is to say no form of thought) can tolerate such radical destabilization.
Those who would work for effective social change need to cultivate a healthier respect for the resilience of homeostatic social systems. This does not mean, however, that the indeterminacy critique is either wrong or a mistake. But it does mean that it runs the acute risk of incommensurability, like constitutional law in a foreign tongue.
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Date: May 1st, 2012 11:30 AM Author: Fantasy-prone razzle lay pisswyrm Thanks for the lecture. (http://www.autoadmit.com/thread.php?thread_id=1937588&forum_id=2#20588664) |
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Date: May 1st, 2012 11:30 AM Author: coiffed vibrant parlour foreskin Thoughts on the merits? (http://www.autoadmit.com/thread.php?thread_id=1937588&forum_id=2#20588666) |
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Date: May 1st, 2012 1:17 PM Author: Titillating Abode Sorry you didn't have the grades to be a law professor, where people actually care about this shit. (http://www.autoadmit.com/thread.php?thread_id=1937588&forum_id=2#20589153) |
Date: May 1st, 2012 1:21 PM Author: trip french den 78 Cal. L. Rev. 1441 (1990).
Plagiarist. |
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Date: May 1st, 2012 1:23 PM Author: coiffed vibrant parlour foreskin Thoughts on the argument, breh? (http://www.autoadmit.com/thread.php?thread_id=1937588&forum_id=2#20589210) |
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Date: May 1st, 2012 1:24 PM Author: trip french den I'm still laughing at "Relentless Jurisgenisis."
I. Law "and" Theory ...................................... 1444 II. Paradigms Regained ..................................... 1448 III. The Lessons of Constitutional Law in the Modem Age..... 1454 A. The Legal Realist Precedent ......................... 1454 B. The Politics of Indeterminacy......................1466 C. The Instability of Normal Science................... 1469 IV. The Meanings of Constitutional Politics.................. 1473 A. The Politics of Epistemia..........................1473 B. The Politics of the Subject .........................1476 C. The Meaning of Situatedness........................ 1485 D. Constitutional Politics.................... .......... 1494 1. Normative Dialogue and Transformative Action ... 1494 2. The Role of Scholarship ......................... 1500 V. The Situated-Subject's Guide to the Constitution ........... 1505 A. Avoiding the Subject/Object Dichotomy .............. 1507 1. The Incommensurability Objection ................ 1507 2. The Historicist Objection.......................1509 B. Relentless Jurisgenesis ............................... 1511 1. Jurisgenesis in Action..........................1511 2. Trimorphic Constitutionalism ..................... 1513 a. Ackerman's Dualist Democracy................ 1513 b. Three-Track Jurisgenesis...................... 1515 c. Coming Up Short I: Reconstruction and the Problem of Method.......................... 1516 d. Coming Up Short II: The New Deal and the Problem of Scope ............................ 1518 e. A Trimorphic Exemplar ...................... 1520 C. Reconstitutive Constitutionalism ..................... 1522 1. A Matter of Interdependence-West Coast Hotel . .. 1523 2. The Social Construction of the Subject-Brown .... 1527 3. Everything's Connected to Everything Else- G riswold ..................... .................... 1534 VI. Wearing Out the Sheath................................. 1539 1441 |
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Date: May 1st, 2012 1:25 PM Author: saffron parlor y no section on trimorphic jurisgenesis breh!?!?!??!?!? (http://www.autoadmit.com/thread.php?thread_id=1937588&forum_id=2#20589224) |
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Date: May 1st, 2012 1:59 PM Author: aphrodisiac bbw Subject: The bullshit is so strong that it broke my olfactory glands. "and"
Paradigms
Indeterminacy
Normative
Transformative
Situated
Incommensurability
Historicist
Reconstitutive
Interdependence
Social Construction
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Date: May 1st, 2012 1:24 PM Author: saffron parlor i think its a bit much 2 say law is NECESSARILY indeterminate. it just happens 2 b a lot (http://www.autoadmit.com/thread.php?thread_id=1937588&forum_id=2#20589219) |
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Date: May 1st, 2012 1:25 PM Author: coiffed vibrant parlour foreskin Thus, the second lesson of the legal realist precedent is that, to the extent they succeed at all, the indeterminacy and “law is politics” critiques cannot expect success on their own terms. Those who would destabilize a normal science like constitutional law cannot expect the tradition to look to them for a way out of the crisis, no matter how cogent or “correct” the critique. That would happen only if progress and change were driven by logic (of the old-fashioned objectivist kind)--only then would the argument that trumps the old regime also replace it. Kuhn's point, however, is precisely that “rationality” is paradigm-dependent--and, therefore, that “progress” is not linear. [FN130] Rather, both “rationality” and “progress” are products of a homeostatic gestalt that destabilizes and reformulates periodically. The reformulated paradigm will contain radical new elements which render determinate the very anomalies and critiques that caused the destabilization. It will also maintain substantial elements of the old paradigm, which is how it synthesizes a sense of continuity with the reality of change. (http://www.autoadmit.com/thread.php?thread_id=1937588&forum_id=2#20589228) |
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Date: May 1st, 2012 1:27 PM Author: cordovan national when i think about what the ubermensch does, usually it doesn't include vomiting thoughts like this onto paper (http://www.autoadmit.com/thread.php?thread_id=1937588&forum_id=2#20589240) |
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Date: May 1st, 2012 1:28 PM Author: coiffed vibrant parlour foreskin Elaborate your thoughts, brother. I think your onto something. Thanks (http://www.autoadmit.com/thread.php?thread_id=1937588&forum_id=2#20589241) |
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Date: May 1st, 2012 1:42 PM Author: cordovan national Derivative, pedantic, emasculated, plodding, boring. Hold that up against the time it inevitably took to publish. Either depressing or laughable depending on how you look at it. (http://www.autoadmit.com/thread.php?thread_id=1937588&forum_id=2#20589324) |
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Date: May 1st, 2012 1:55 PM Author: coiffed vibrant parlour foreskin How can you be so artfully judgmental without having read the piece? (http://www.autoadmit.com/thread.php?thread_id=1937588&forum_id=2#20589389) |
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Date: May 1st, 2012 1:58 PM Author: cordovan national because it's a fucking racist, homophobic message board, obvs
[and the real answer is that sometimes reading snippets is enough to know better than to further waste one's time] |