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"Stop Seeking Certainty.." Minow's Response To Bork
Beginning of paper
Philosophy Of Law
In considering the views of Robert Bork and Martha Minow, I am
impressed more by Minow. I will compare their respective views and
arguments in an effort to show why I prefer the arguments of Minow to those
of Bork. First though it is necessary to have a brief overview of Bork's
philosophy.
Bork is a firm be .... Middle of paper
.... text merely provides clues as to the intent of the above
mentioned groups. So peripheral documents, such as the Federalist papers,
are important clarifiers of the original intent. The second subdivision of
orginalism is called the textual orginialist view. This view argues that
the actual text of the Constitution is what is most important in terms of
understanding Constitutional intent. Bork began as an intention theorist,
then later ....
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Number of words: 2211
Number of pages: 9 (approx. 250 words per double-spaced page)
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