sexta-feira, 17 de dezembro de 2010

Novo texto sobre o constitucionalismo americano

Gregory Brazeal has posted A Machine Made of Words: Our Incompletely
Theorized Constitution (University of New Hampshire Law Review, Vol. 9,
2011) on SSRN. Here is the abstract:
The conventional wisdom says that the U.S. Constitution represents "a
comfortable and even emphatic agreement on...general principle,
accompanied by sharp disagreement about particular cases." This essay
draws attention to an often overlooked feature of the Constitution that
lies in tension with the conventional view. For a document that is
assumed to represent an agreement on general principles, the U.S.
Constitution contains remarkably few statements of principle. In fact,
an empirical analysis suggests that the U.S. Constitution has a good
claim to containing the least abstract theorizing of any constitutional
document of its era. The Constitution is thus an “incompletely
theorized agreement” not only in the sense of being a work of broad
theoretical agreement that breaks down at the level of particularity,
but also in the sense of being an agreement on particular, concrete
rules accompanied by disagreement on the abstract theories supporting
those rules.

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