Scholars Reconstruct Why the Court Reached Its Decision
Although agency is central to judicial argument, it is closely connected to, or at least readily implies, purpose . Means are to be related to ends; we adapt particular means to reach particular ends. We may emphasize those ends to suggest that purpose determines means, whereby we seek particular en...
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Published in | Judging the Supreme Court p. 253 |
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Main Author | |
Format | Book Chapter |
Language | English |
Published |
United States
Michigan State University Press
2007
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Subjects | |
Online Access | Get full text |
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Summary: | Although agency is central to judicial argument, it is closely connected to, or at least readily implies, purpose . Means are to be related to ends; we adapt particular means to reach particular ends. We may emphasize those ends to suggest that purpose determines means, whereby we seek particular ends and find the means to reach them. Or we may derive purposes from agencies, whereby purposes are inherent in, implied by, or a consequence of the agencies we use.
The heavy reliance of legal opinions on precedents tends to embed purposes within agencies. In a case involving some truly novel |
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ISBN: | 087013809X 9780870138096 |