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"Stop Seeking Certainty.." Minow's Response To Bork
Part 1 of Essay
Philosophy Of Law
In considering the views of Robert Bork and Martha Minow, I am
impressed more by Minow. I will compare their respective views and
arguments in an effort to show why I prefer the arguments of Minow to those
of Bork. First though it is necessary to have a brief overview of Bork's
philosophy.
Bo ....
Part 2 of Essay .... is that the framers, the adopters, the
ratifiers, and the electors all had possibly separate intent and it would
be difficult to know all of their intentions. According to this view, the
Constitutional text merely provides clues as to the intent of the above
mentioned groups. So peripheral documents, such as the Federalist papers,
are important clarifiers of the original intent. The second subdivision of
orginalism is called the textual orginialist view. This view argues that
the actual text of the Constit ....
Word count: 2211 | Approximate pages: 9
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