Randy’s post below brings up an important point: As he and Ann point out, conservative approaches to law include a wide range of different methods and approaches. Some conservatives identify with Frankfurterian restraint; others Scalia’s traditionalism; some Borkian originalism; others Harlan’s legal process; some Posnerian pragmatism; some a Burkean commitment to stare decisis; others a more Lochneresque libertarianism. These different methods can support similar results in some cases, but often lead to disagreement.
Comments are closed.