Contact Form * Contact Form Container */ .contact-form-widget { width: 500px; max-width: 100%; marg

Name

Email *

Message *

The Liberal invoking of a higher (moral) order in support of one’s partisan convictions

This is a familiar Liberal sort of humbug: invoking the authority of a higher-order, (moral stance) ostensibly neutral position of principle in support of one’s partisan convictions. 

Moral reasoning should not play a role in legal interpretation, if so the temptation is to charge that  this theory of adjudication is just an excuse for reading one's  own moral and political preferences into the law


However Legal argument always presupposes a jurisprudential foundation, even if it is concealed. And since the role of the judiciary can be justified only in terms of a broader conception of the legal-political order, it presupposes a political morality as well. 

No comments: