Publicação
In Search of Conservatism
| Resumo: | This essay was written as a comment on a paper by Professor Robert Nagel, entitled Conservatism and Constitutionalism in the United States. After considering and criticizing various candidates for a conservative constitutional jurisprudence, Nagel concludes by suggesting that the essence of judicial conservatism lies in a traditionalism that acknowledges that reason can only operate from within experience rather than as a more detached examination of experience. This comment questions Nagels conclusion, suggests that conservatism would need to have a more ethical and ontological dimension, and offers a distinction between believing traditionalists and skeptical traditionalists who may converge in their practical values and prescriptions even though they differ fundamentally on a more philosophical level. |
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| Autores principais: | Smith,Steven D. |
| Assunto: | Conservatism Tradition Skepticism Constitution Supreme Court Reason Originalism |
| Ano: | 2018 |
| País: | Portugal |
| Tipo de documento: | artigo |
| Tipo de acesso: | acesso aberto |
| Instituição associada: | Fundação para a Ciência e Tecnologia |
| Idioma: | inglês |
| Origem: | SciELO Portugal |
| Resumo: | This essay was written as a comment on a paper by Professor Robert Nagel, entitled Conservatism and Constitutionalism in the United States. After considering and criticizing various candidates for a conservative constitutional jurisprudence, Nagel concludes by suggesting that the essence of judicial conservatism lies in a traditionalism that acknowledges that reason can only operate from within experience rather than as a more detached examination of experience. This comment questions Nagels conclusion, suggests that conservatism would need to have a more ethical and ontological dimension, and offers a distinction between believing traditionalists and skeptical traditionalists who may converge in their practical values and prescriptions even though they differ fundamentally on a more philosophical level. |
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