Aspects of Deconstruction: Refuting Indeterminacy with One Bold Thought
Northwestern University - School of Law
August 12, 2010
Northwestern University Law Review, Vol. 85, No. 113, 1990
Northwestern Public Law Research Paper No. 10-35
Deconstruction has already happened on the Supreme Court. Not only can no member of the Court really believe that "the law" (self-invented by the very Court it is supposed to govern!) can constrain the result in any individual case, but its members have also convinced themselves that they have no time to be concerned with dispensing justice to the parties. The justificatory legal language used in judicial opinions is not what our law teachers told us it was. The justificatory legal language is not provided to explain - much less constrain - the result in the case. Rather, it is a mode of couching the personal legislative preferences of unelected judges in the publicly venerated language of a judicial decree.
Number of Pages in PDF File: 8
Keywords: judicial opinions, legal determinacy, legal indeterminacy, U.S. Supreme Court
JEL Classification: K10, K30, K40Accepted Paper Series
Date posted: August 15, 2010
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