Download this Paper Open PDF in Browser

Against Idols: The Court as Symbol-Making or Rhetorical Institution

64 Pages Posted: 5 Nov 2011  

Marie A. Failinger

Mitchell Hamline School of Law

Date Written: January 1, 2006

Abstract

Symbolic politics can be quite powerful. This article pursues the question of how the Court signifies itself, how it discovers and enacts the metaphors from which it will play its part in the American political drama aimed at containing some of the nightmares of human existence, while affirming and encouraging the possibilities for human flourishing. Embedded in this inquiry is the question of how the Court can signify itself while still preserving the truth-telling and humility necessary to legitimize Court decisions.

Keywords: Ethics, Truth-telling, humility, symbol, metaphor, idol

Suggested Citation

Failinger, Marie A., Against Idols: The Court as Symbol-Making or Rhetorical Institution (January 1, 2006). University of Pennsylvania Journal of Constitutional Law, Vol. 8, p. 367, 2006. Available at SSRN: https://ssrn.com/abstract=1929568

Marie A. Failinger (Contact Author)

Mitchell Hamline School of Law ( email )

875 Summit Ave
St. Paul, MN 55105-3076
United States

Paper statistics

Downloads
10
Abstract Views
414