As An Observer Of Our Legal System, Which "School Of Thought" Do You Embrace?

432 words - 2 pages

Professor Epstein was through when writing "Written in Stone." He begins with "Fleshing out spare texts is, if not the critical question in modern constitutional law." The constitution is rock solid and written for a particular day and time. If the constitution was written in 2005 there would be some differences. Therefore, the constitutions should be fleshed out, but not to the point to change the entire meaning.Epstein also stated "the initial text sets the first leg of the journey, but does not provide a roadmap for the entire trip." The constitution was built on the first leg and must ...view middle of the document...

This statement weakened his whole argument. This statement does not indicate that killing one's own slave is wrong. Therefore, the only wrong would be killing someone else's slave.On the other hand individuals that consent to certain harms, like boxing are waving their statutory protections. Boxers professionally fight and know the dangers. As a citizen people do have the right to wave their rights, to an extent. This article should have discussed the topic of doctor assisted suicide, which is across the news. The controversy over assisted suicide is, if made legal people will be able to benefit through insurance claims. Also, if made legal who would define the difference between assisted suicide and murder. Although, assisted suicide is wrong to the majority of people, a hand full of "special case" judges may find it legal. It is legally right but morally wrong for judges twine the law to their belief. Many judges do not understand their role well enough to allow them to police themselves in regard to judicial interpretation.The author suggest the best way to interpret the constitution is by application of ancient principles. The ancient principles were basic, written in stone, and did not leave lea-way for misinterpretation. Therefore, judges need to be "loyal to the basic enterprise of interpreting timeless rules."

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