Spain by Eugene Fodor

Spain by Eugene Fodor

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Spain by Eugene Fodor

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.

SKU Unavailable
ISBN 13 9780340214237
ISBN 10 0340214236
Title Spain
Author Eugene Fodor
Condition Unavailable
Binding Type Hardback
Publisher Hodder & Stoughton General Division
Year published 1977-04-21
Number of pages 460
Cover note Book picture is for illustrative purposes only, actual binding, cover or edition may vary.