Progressivism Flashcards
Underlying jurisprudence
Legal realism
Law looks ____ to the good society
forward
What does it put heavy emphasis on?
the efficient cause of law
What should judges do based on progressivism?
Judges should hunch out the best way hard law can impose the most enlightened elitist values & moral propositions on the less enlightened masses thereby transforming mass culture
What anthropological error does progressivism rest upon?
Existentialism
What is existentialism?
existence determines essense
Judge’s rudder?
her viscera or gut feelings about policy
Ultimately based on:
emotional preferences unique to each person
What does the consensus of society on these emotional preferences & value judgments provide?
Provides a subjective foundation for human law constantly in flux from a postmodern
“We the ____”
“We the New People”