Progressivism Flashcards

1
Q

Underlying jurisprudence

A

Legal realism

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2
Q

Law looks ____ to the good society

A

forward

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3
Q

What does it put heavy emphasis on?

A

the efficient cause of law

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4
Q

What should judges do based on progressivism?

A

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

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5
Q

What anthropological error does progressivism rest upon?

A

Existentialism

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6
Q

What is existentialism?

A

existence determines essense

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7
Q

Judge’s rudder?

A

her viscera or gut feelings about policy

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8
Q

Ultimately based on:

A

emotional preferences unique to each person

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9
Q

What does the consensus of society on these emotional preferences & value judgments provide?

A

Provides a subjective foundation for human law constantly in flux from a postmodern

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10
Q

“We the ____”

A

“We the New People”

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