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- Title
On This Side of the Law and On That Side of the Law.
- Authors
Schwarzschild, Maimon
- Abstract
The article reflects on the author's presentation of British philosopher Isaiah Berlin's central idea that value pluralism can support opposing views on a variety of legal and public policy issues. He shows that value pluralism can be used to argue either for or against state action doctrine, judicial activism, gay marriage and federalism. He also asserts that liberalism is favoured by value pluralism for it means respecting human anatomy and freedom to choose.
- Subjects
PLURALISM; BERLIN, Isaiah, 1909-1997; GOVERNMENT policy; LIBERALISM; STATE action (Civil rights); POLITICAL questions &; judicial power; SAME-sex marriage; FEDERAL government
- Publication
San Diego Law Review, 2010, Vol 47, Issue 2, p755
- ISSN
0036-4037
- Publication type
Article