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Reinventing American Jurisprudence - Law through the Lens of Value (Hardcover)
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Reinventing American Jurisprudence - Law through the Lens of Value (Hardcover)
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This original approach to value provides a foundation for a new
imaginative landscape in philosophy of law. "Value essentialism"
identifies value formations such as a sacred cow and scapegoat
tandem and the intensification of "oughtness" as it approaches
sacred zenith values. Readers learn how Occam's razor has been
responsible for the death of many ideas; how the celebrated Other
gains nuance as near and remote; and where a spectral assessment of
probability and necessity leads. Analyses of Supreme Court cases
grow out in different and exciting directions. Bell was not about
eugenics, but another iteration of the value of efficiency and Yo
Wick was as much about classism as it was about racism. Lochner
involved not an ideological binary but three distinct value
schemes. "Separate but equal" was refined as parallelism and
exploitative tangents. In Brown, the Fourteenth Amendment took a
significant subjective turn. In Heller, the communitarian position
of stopping violence before it could start could be contrasted with
the individualistic position of waiting until you see the whites of
their eyes in your bedroom. Citizens United represented the best
example of this axiological approach, raising the question: was the
First Amendment designed to maximize participation or maximize
democracy?
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