Reinventing American Jurisprudence

Zusatztext

<p><span>In</span><span>Reinventing American Jurisprudence: Law through the Lens of Value</span><span>, George David Miller and Laura Brown unfurl an original approach to value and an imaginative landscape in philosophy of law. Value essentialism identifies value formations such as a sacred cow and scapegoat tandem and the intensification of oughtness as it approaches sacred zenith values. Readers learn how Occams razor has been responsible for the death of many ideas; how the celebrated Other gains nuance as near and remote; and where a spectralassessment of probability and necessity leads. Analyses of Supreme Court cases grow out in different and exciting directions.</span><span>Buck</span><span>was not about eugenics, but another iteration of the value of efficiency and Yo Wick was decided less on law and more on a justices finding humanity in Chinese laundry mat proprietors.</span><span>Lochner</span><span>involved not an ideological binary but three distinct value schemes. Separate but equal was refined as parallelism and exploitative tangents. In</span><span>Brown</span><span>, the Fourteenth Amendment took a significant subjective turn. In</span><span>Heller</span><span>, the communitarian position of stopping violence before it began could be contrasted with the individualistic position of waiting until you see the whites of their eyes in your bedroom.</span><span>Citizens United</span><span> was distilled into the question: was the First Amendment designed to maximize participation or maximize democracy?</span></p>

Autorenportrait

<p><span>George David Miller</span><span> is retired philosophy professor and president of Before I Read This Poem, a platform from which he has delivered thousands of writing workshops and performance poetry shows over the past three decades.</span></p>

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