Values File

n118 to put it another way the idea is that the

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Unformatted text preview: criminal who is likely to flee by way of a particular route. The exigencies created by these scenarios are far removed from the circumstances under which authorities might simply stop cars as a matter of course to see if there just happens to be a felon leaving the jurisdiction JUSTICE SCALIA REJECTS THAT THE CONSTITUTION CONTAINS A RIGHT OF PRIVACY The Right To Privacy,pg165-185. Scott D. Gerber,Senior Research Scholoar in Law and Politics at the Social Phiosophy and Policy Center at Bowling Green State University. 2000. Frankly, it is difficult to know what to make of Justice Scalia's textualism. It is not really textualism. It is more of a hodgepodge of interpretive approaches--originalism, structuralism, doctrinalism--all rolled up into a long polemic against Warren Court liberalism. Indeed, it is difficult to know whether Justice Scalia himself believes that he is a texiualist. After all, it was not that long ago when he proclaimed that he was an "originalist" --or at least a "feint-hearted" originalist'--and he also has employed a sort of Burkean conventionalism in several of his recent Supreme Court opinions. One thing is for sure, though: Justice Scalia the "textualist," like Justice Scalia the "originalist" and Justice Scalia the "conventionalist," rejects the idea that the Constitution contains a right of privacy. His ferocious dissents in Romer v. Evans (1996) SLHS Value File Punishment Punishment will make the criminal happier Plato. Gorgias. Trans. Walter Hamilton. New York: Penguin Books, 1960. pp.59-75. On the other hand, Polus, my opinion is that the wicked man and the doer of wicked acts is miserable in any case, but more miserable if he does not pay the penalty and suffer punishment for his crimes, and less miserable if he does pay the penalty and suffer punishment in this world and the next... But I said that they [those who are not punished] are the most miserable of men, and that those who are punished are less miserable. Justice makes people better Plato. Gorgias. Trans. Walter...
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This document was uploaded on 11/20/2013.

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