1. The constitution: Burkeian, Brandeisian and Borkian perspectives
- Author
-
Henry L. Ewbank
- Subjects
Dialectic ,Higher education ,Judicial review ,Constitution ,business.industry ,Communication ,media_common.quotation_subject ,Epistemology ,Law ,Rhetoric ,The Symbolic ,Sociology ,Constitutional law ,business ,Natural language ,media_common - Abstract
Burke's dramatistic and dialectic view of the Constitution illuminates the nature of that symbolic enactment. His rhetorical theory is exemplified in the statements and opinions of fustice Louis Brandeis, whose concept of “the living law” explores the contemporary scene as ground for judicial review. In contrast, Robert Bork's search for “neutral principles” in Constitutional words, ignores the symbolic and dialectical nature of language and of the humans who use and are used by language.
- Published
- 1996
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