Neglected Policies: Constitutional Law and Legal Commentary as Civic Education

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Duke University Press, Sep 6, 2002 - Law - 267 pages
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In Neglected Policies, Ira L. Strauber challenges scholars and critics of constitutional jurisprudence to think differently about the Constitution and its interpretation. He argues that important aspects of law, policies, and politics are neglected because legal formalisms, philosophical theories, the reasoning of litigators and judges, and even the role of the courts are too often taken for granted. Strauber advocates an alternative approach to thinking about the legal and moral abstractions ordinarily used in constitutional decision making. His approach, which he calls “agnostic skepticism,” interrogates all received jurisprudential notions, abandoning the search for “right answers” to legal questions. It demands that attention be paid to the context-specific, circumstantial social facts relevant to given controversies and requires a habit of mind at home with relativism.

Strauber situates agnostic skepticism within contemporary legal thought, explaining how it draws upon sociological jurisprudence, legal realism, and critical legal studies. Through studies of cases involving pornography, adoption custody battles, flag burning, federalism, and environmental politics, he demonstrates how agnostic skepticism applies to constitutional issues. Strauber contends that training in skeptical critique will enable a new kind of civic education and culture—one in which citizens are increasingly tolerant of the ambiguities and contradictions inherent in the law and politics of a pluralistic society.

Using insights from the social sciences to examine the ways constitutional cases are studied and taught, Neglected Policies will interest scholars of jurisprudence, political science, and the sociology of law.

  

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Contents

The Purposes of an Interpretive Community
15
Formalisms An Efficacious Enemy of Politically Sufficient Commentary
36
Skepticism and Neglected Politics
52
Formalisms Facets of Political Power and Neglected Policies
67
The Internet Distorted Ideals and Practices
91
Agnostic Skepticism about Radical Rejectionism
104
Agnosticism Federalism and Constitutionalism
127
A Middle Course on Reform
142
Ordered Liberty and Political Morality
160
Deeper Skepticism
179
Qualified Solace in the Laws Formalisms
202
Qualified Solace in Agnosticism
220
Notes
227
Bibliography
249
Index
259
Copyright

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About the author (2002)

Ira L. Strauber is Professor of Political Science at Grinnell College.

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