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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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