judicial tyranny

Ian Murray seamus2001 at home.com
Mon May 14 15:52:04 PDT 2001


Nathan Newman:


> 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



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