what does the right REALLY think of Roberts?
RJLipkin at aol.com
RJLipkin at aol.com
Tue Jul 26 06:43:03 PDT 2005
In a message dated 7/25/2005 11:21:17 PM Eastern Standard Time,
nebraskalawprof at yahoo.com writes:
am a libertarian/social conservative (I like the liberties that are
expressed in the Constitution, the ones I have trouble with are the deadly ones the
liberals on the Court have invented),
How in the world can a libertarian be a social conservative? Similarly, how
can a libertarian fault rights because they are allegedly "invented" by
courts? Should any self-respecting libertarian reject "rights" only if they are
not part of natural law or whatever he or she deems the correct political
theory of rights? And isn't the role of the courts in determining the correct
set of rights completely irrelevant to rights embraced by libertarian theory?
In other words, one would think that a libertarian--even a constitutional
libertarian--wouldn't care a bit about whether courts "invented" rights just so
long as normative political theory embraces those rights?
Bobby
Robert Justin Lipkin
Professor of Law
Widener University School of Law
Delaware
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