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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Bibliographic Details
Published inJudging the Supreme Court p. 253
Main Author Rountree, Clarke
Format Book Chapter
LanguageEnglish
Published United States Michigan State University Press 2007
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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
ISBN:087013809X
9780870138096