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"Stop Seeking Certainty.." Minow's Response To Bork

Part one of term 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 believe ...

Part two of term paper
... pp. 329). This view can be subdivided into two categories. Those categories are the intentional and textual originalist views. The intention-based originalists argue that the original intent of the framers can be discerned from a neutral reading of the Constitution and peripherally related documents. The problem here is that the framers, the adopters, the ratifiers, and the electors all had possibly separate intent and it would be difficult to know all of their intentions. According to th ...

Word count: 2211 | Approximate pages: 9

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