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" But a Constitution is not intended to embody a particular economic theory, whether of paternalism and the organic relation of the citizen to the state or of laissez faire. It is made for people of fundamentally differing views, and the accident of our... "
The foundations of social science: an analysis of their psychological aspects - Page 259
by James Mickel Williams - 1920 - 494 pages
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Equità e ragionevolezza nell'attuazione dei diritti

Lorenzo D'Avack, Francesco Riccobono - Law - 2004 - 198 pages
...embody a particular economic theo1y, whether of paternalism and the organic relation of the citizen to the State or of laissez faire . It is made for people...fundamentally differing views, and the accident of our fmding certain opinions natural and familiar or novel and even shocking ought not to conclude our judgment...
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The Fugitive's Properties: Law and the Poetics of Possession

Stephen M. Best - Literary Criticism - 2010 - 376 pages
...was that very signifying fluidity that it was precisely the task of the law to preserve. "[The law] is made for people of fundamentally differing views,...novel and even shocking ought not to conclude our judgement upon the question whether statutes embodying them conflict with the Constitution of the United...
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The Most Activist Supreme Court in History: The Road to Modern Judicial ...

Thomas M. Keck - Political Science - 2010 - 370 pages
...surrounding Lochner for which Justice Holmes composed the epitaph at its birth: " [The Constitution] is made for people of fundamentally differing views, and the accident of our f1nding certain opinions natural and familiar or novel and even shocking ought not to conclude our...
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A Community Built on Words: The Constitution in History and Politics

H. Jefferson Powell - Law - 2005 - 261 pages
H. Jefferson Powell offers a powerful new approach to one of the central issues in American constitutional thinking today: the problem of constitutional law's historicity, or ...
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The Judicial Branch

Kermit L. Hall, Kevin T. McGuire - Political Science - 2005 - 579 pages
...insisted that "a constitution is not intended to embody a political economic theory." He contended that it "is made for people of fundamentally differing...them conflict with the Constitution of the United States." In a much-quoted phrase, Holmes said, with evident sarcasm, that the "Fourteenth Amendment...
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Courting the Abyss: Free Speech and the Liberal Tradition

John Durham Peters - Philosophy - 2010 - 316 pages
Courting the Abyss updates the philosophy of free expression for a world that is very different from the one in which it originated. The notion that a free society should allow ...
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The Idea of a European Superstate: Public Justification and European Integration

Glyn Morgan - Political Science - 2005 - 204 pages
...embody a particular economic theory, whether of paternalism and the organic relation of the citizen to the state or of laissez faire. It is made for people of fundamentally differing views.52 Holmes's judicial philosophy is worth remarking in the present European context, because it...
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Libertarianism Defended

Tibor R. Machan - Philosophy - 2006 - 348 pages
...embody a particular economic theory, whether of paternalism and the organic relation of the citizen to the State or of laissez faire. It is made for people...them conflict with the Constitution of the United States. Holmes added this crucially important point of jurisprudence, one that is the rule now rather...
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Legal Feminism: Activism, Lawyering, and Legal Theory

Ann Scales - Law - 2006 - 219 pages
...embody a particular economic theory, whether of paternalism and the organic relation of the citizen to the state or of laissez faire. It is made for people...them conflict with the Constitution of the United States.1 More recent cases use testier language. In 2.002., a majority of the Court held that execution...
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The Paradox of Democratic Capitalism: Politics and Economics in American Thought

David F. Prindle - Business & Economics - 2006 - 368 pages
...embody a particular economic theory, whether of paternalism and the organic relation of the citizen to the state or of laissez faire. It is made for people...them conflict with the Constitution of the United States. ... I think that the word "liberty," in the Fourteenth Amendment, is perverted when it is held...
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