> But there is a reality that an judicial activism used to defend the
> defenseless from the murderous power of the state or majoritarian
racial
> subjugation is quite different from activism used to defend the
state and
> corporate use of power to murder and subjugate. I happen to think
that in
> the long term, progressives do better to trust in democratic
mobilization
> over the elitism of the courts, but there is a philosophical defense
of
> courts as a bastion of liberty against state power. It just is
rarely
> achieved.
========
Is it a defense or a hope that, by appeal to philosophical
theorizations of the law's 'self-restraint', or perhaps,
self-limitations in a set of aporias it cannot overcome, that the
state will respect a syntheses of models of liberties that it
internalizes from the ongoing history of the larger culture?
Ian