<P> On principled decisions (not sure where I heard this and if it is merely apocryphal): a while back Rehnquist was aksed why he did not write more principled opinion (not quantity), to which he replied, "If I had the vites, I would." So there is something to said for the fact that you have a multi-principled legal system in the legislature and the judiciary such that there really can be no uniform rule of law.
<P> <B><I>dave dorkin <ddorkin1@yahoo.com></I></B> wrote:
<BLOCKQUOTE style="PADDING-LEFT: 5px; MARGIN-LEFT: 5px; BORDER-LEFT: #1010ff 2px solid">They arent bad examples for me-they might seem like it<BR>to you perhaps given your anglo-american<BR>legal/political background-and in fact they were not<BR>protected as you say simply in all the cases to which<BR>I refered. The point was that liberal society can make<BR>these decisions-it just so happens that they may<BR>simply reflect a certain group's particular conception<BR>over others and that is not "principled" in any sense<BR>which can be defended other than we have no other<BR>option than to privilege one conception over another. <BR><BR><BR>They were resolved in at least 3 very different ways<BR>in each of the 3 areas owing to considerations of what<BR>it would be "reasonable" to do and by taking<BR>considerations entirely unrelated to any principle<BR>that could be grounded and applied consistantly. So if<BR>by rule of law you mean anything other than pragmatic<BR>concerns bo!
un!
ded by a constitutional text, pleaed do<BR>tell. For my part, I see some value in it like EP<BR>Thompson, but let's not exagerate...<BR><BR><BR>--- Justin Schwartz <JKSCHW@HOTMAIL.COM>wrote:<BR>> Those are bad examples. Head scarves are obviously<BR>> protected unless there is <BR>> a safety reason to prohibit them. I am aware that<BR>> particular cases pose hard <BR>> questions. That's been my business for years.<BR>> <BR>> Nonetheless, there is no alternative toliberalism<BR>> but illiberalism and <BR>> coercion, and that's not an acceptable alternative.<BR>> That's why it's an easy <BR>> question. <BR><BR>__________________________________________________<BR>Do You Yahoo!?<BR>LAUNCH - Your Yahoo! Music Experience<BR>http://launch.yahoo.com</BLOCKQUOTE><p><br><hr size=1><b>Do You Yahoo!?</b><br>
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