whoooo26505 at yahoo.com
Wed Nov 2 05:46:38 PST 2005
I'm confused here. That's what the empirical approaches do. They define what is a liberal vote and conservative vote in terms of political subject matter and tabulate the results accordingly.
RJLipkin at aol.com wrote:In a message dated 11/1/2005 10:24:46 PM Eastern Standard Time, doughr at udallas.edu writes:
we might ask what would consitute a liberal court, and then we would have a
baseline from which to begin analysis.
This strikes me as correct. But before answering the question of what counts as a liberal Court by identifying "liberal" decisions or "liberal" Justices. We might seek a theoerteical conception of what the terms "liberal" and "conservative" means (or should be understood to mean) in political philosophy.
In my view, that seems a more direct approach than various empirical inquiries ( and a necessary prior approach to the empirical questions) though I'm fully aware that my opinion in this matter is typically a minority one.
Robert Justin Lipkin
Professor of Law
Widener University School of Law
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