Communitarianism Liberal Society Seeks Not Term Paper

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That premise states a core value that the framers intended to protect. The intentionalist judge must then supply the minor premise in order to protect the constitutional freedom in circumstances the framers could not foresee. (Bork 15)

Bork's approach was recently critiqued by Daniel Ortiz and some others, one of whom noted, with reference to the Griswold decision on privacy, that Bork saw the decision as "unprincipled" "because [e]very clash between a minority claiming freedom and a majority claiming power to regulate involves a choice between the gratifications of the two groups.

When the Constitution has not spoken [under an originalist theory of interpretation], the Court will be able to find no scale, other than its own value preferences, upon which to weigh the respective claims to pleasure.

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(Bork Neutral Principles and Some First Amendment Problems).

Bork thus supports community rights over individual rights to a greater extent than has been common in American law for most of the last century. He shows a preference for a communitarian approach that puts him in agreement with Lenin on the rationale for the social structure and for making decisions within that structure. Much of the theory reflected in their writings is expressed in a different way by Giddens.

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