Redeeming and Living with Evil

26 Pages Posted: 27 Jul 2012

See all articles by Mark Graber

Mark Graber

University of Maryland - Francis King Carey School of Law

Date Written: 2012

Abstract

Jack Balkin’s Constitutional Redemption and Sandy Levinson’s Constitutional Faith understand the problem of constitutional evil quite differently than Dred Scott and the Problem of Constitutional Evil. Balkin and Levinson regard constitutional redemption and faith as rooted in the possibility that Americans will eventually defeat evil. Constitutional Evil takes the far more pessimistic view that evil will never be defeated. Constitutional faith and redemption in our permanently fallen state is rooted in the possibility that Americans will find ways of living with each other peaceably knowing that the price of union is the continual obligation to make what the abolitionist William Lloyd Garrison described as “a convenant with death, and an agreement with hell.

Keywords: slavery, constitutional evil, morality, legal history, political science, political philosophy

Suggested Citation

Graber, Mark, Redeeming and Living with Evil (2012). Maryland Law Review, Vol. 71, 2012, p. 1073+, U of Maryland Legal Studies Research Paper No. 2012-40, Available at SSRN: https://ssrn.com/abstract=2117253

Mark Graber (Contact Author)

University of Maryland - Francis King Carey School of Law ( email )

500 West Baltimore Street
Baltimore, MD 21201-1786
United States

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