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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
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Neglected Policies

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ISBN13: 9780822330417
ISBN: 0822330415
Published: June 2004
Publisher: Duke University Press
Format: Paperback
Price: £19.99

In ""Neglected Policies"" Ira L. Strauber challenges scholars and critics of constitutional jurisprudence to think differently about the American 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.

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Acknowledgements; Introduction
Part 1; The Purposes of an Interpretive Community; Formalisms: An Efficacious Enemy of Politically Sufficient Commentary; Skepticism and Neglected Politics
Part 2; Formalisms: Facets of Political Power and Neglected Policies; The Internet: Distorted Ideals and Policies; Agnostic Skepticism about Radical Rejectionism; Agnosticism, Federalism, and Constitutionalism; A Middle Course on Reform; Ordered Liberty and Political Morality
Part 3; Deeper Skepticism; Qualified Solace in the Law's Formalisms; Qualified Solace in Agnosticism; Notes; Bibliography; Index