Abstract

http://ssrn.com/abstract=1805166
 


 



Toward a Reality-Based Constitutional Theory


Andrew Coan


University of Arizona, James E. Rogers College of Law; University of Wisconsin Law School

April 7, 2011

89 Washington University Law Review 273
University of Wisconsin Legal Studies Research Paper No. 1156

Abstract:     
Despite the alleged triumph of legal realism and the empirical turn of closely related fields such as judicial behavior, a startling number of constitutional theorists continue to approach their work as a purely conceptual enterprise. This is particularly true of originalists, but it is true of many others as well. Indeed, much of normative constitutional theory as it is presently practiced resembles a recreational debating society more than a serious effort to improve the functioning of a massively complex modern society. If constitutional theory is to live up to its aspirations, a new reality-based approach is urgently needed. This brief essay makes the case for such an approach and offers practical suggestions for getting it off the ground.

Number of Pages in PDF File: 15

Keywords: Constitutional Theory, Originalism, Popular Constitutionalism, Political Science, Empirical

Accepted Paper Series


Download This Paper

Date posted: April 10, 2011 ; Last revised: February 18, 2014

Suggested Citation

Coan, Andrew, Toward a Reality-Based Constitutional Theory (April 7, 2011). 89 Washington University Law Review 273; University of Wisconsin Legal Studies Research Paper No. 1156. Available at SSRN: http://ssrn.com/abstract=1805166

Contact Information

Andrew Coan (Contact Author)
University of Arizona, James E. Rogers College of Law ( email )
P.O. Box 210176
Tucson, AZ 85721-0176
United States
University of Wisconsin Law School ( email )
975 Bascom Mall
Madison, WI 53706
United States
HOME PAGE: http://law.wisc.edu/profiles/index.php?iEmployeeID=413
Feedback to SSRN


Paper statistics
Abstract Views: 1,474
Downloads: 223
Download Rank: 79,286

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.297 seconds