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...course, Bork's deep moral skepticism means that the victory he affords the majority has no moral force or validity over others. His judicial philosophy isn't informed by an coherent democratic theory that allows him at least to claim that its right for majorities to rule. Bork's formulation thus is no more than a slightly sophisticated version of the doctrine that might makes right...

Author: By Steven Lichtman, | Title: The Self-Heating Jurist | 9/21/1987 | See Source »

...What Bork fails to grasp is that at the national level, the level of constitutional interpretation and adjudication, America is and must be one nation indivisible under principle, if not God. That is all we have that unites us. Ours is an intensely pluralistic culture and there are, quite simply, times when people honestly and sincerely disagree--over what the law says, what our political institutions stand for, what the purpose of our common life...

Author: By Steven Lichtman, | Title: The Self-Heating Jurist | 9/21/1987 | See Source »

...there was one thing the Framers of 1787 feared most, it was strict majoritarian rule and "democratic" imposition of the majority's morality over all. If there is one kind of justice of which we don't need another on the Supreme Court, it is one such as Bork who confuses pluralism with relativism and a nation's tradition with its history...

Author: By Steven Lichtman, | Title: The Self-Heating Jurist | 9/21/1987 | See Source »

Alas, ours is not such a society, even if Robert Bork thinks it is. His attempt as a judge to avoid assertions of fundamental principles is no less clear a claim as to what those values are than that made by the "activists" with whom he so disagrees...

Author: By Steven Lichtman, | Title: The Self-Heating Jurist | 9/21/1987 | See Source »

...series of half a dozen conversations with TIME Correspondent David Beckwith over the past ten weeks, Bork has shown unusual candor in discussing his views on the major issues that will be raised at the hearings. Excerpts...

Author: /time Magazine | Title: Trying Out Ideas | 9/21/1987 | See Source »

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