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JessicaCohenFirstPaper 9 - 07 Mar 2010 - Main.JessicaCohen
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| | | The individuals we have learned about in class, including MLK, John Brown, and the fictional Robinson might be said to have been pragmatists. After all, they each saw a social problem and discerned how to solve it on the ground. Each of them was absolutely concerned with “social policy,” which Cohen says should be the “gravitational field that gives weight to any rule or precedent.” Yet each of these figures no doubt believed in “justice.” Perhaps the cynical Robinson would never muttered the word in a courtroom, but the concept, however fuzzy or “meaningless” it might be, certainly informed his work. Each of these figures used formalistic concepts to transcend what was happening on the ground. | |
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< | Many of our most successful (some beloved, others not) advocates, judges, and politicians continue to appeal to "transcendental nonsense." The spirit and fundamental right often alluded to in judicial opinions, whether full of formal concepts or not, are often what move us. | >
> | Many of our most successful (some beloved, others not) advocates, judges, and politicians continue to appeal to "transcendental nonsense." The spirit and fundamental rights often alluded to in judicial opinions, whether full of formal concepts or not, are often what move us. | | | |
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