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Communitarianism Liberal Society Seeks Not Term Paper

(Bork 15) Bork's approach was recently critiqued by Daniel Ortiz and some others, one of whom noted, with reference to the Griswold decision on privacy, that Bork saw the decision as "unprincipled" "because [e]very clash between a minority claiming freedom and a majority claiming power to regulate involves a choice between the gratifications of the two groups.

When the Constitution has not spoken [under an originalist theory of interpretation], the Court will be able to find no scale, other than its own value preferences, upon which to weigh the respective claims to pleasure. (Bork Neutral Principles and Some First Amendment Problems).

Bork thus supports community rights over individual rights to a greater extent than has been common in American law for most of the last century. He shows a preference for a communitarian...

Much of the theory reflected in their writings is expressed in a different way by Giddens.
Works Cited

Bork, Robert H. "Original Intent." The Judges' Journal (Summer 1987), 13-17.

Bork, Robert H.

Neutral Principles and Some First Amendment Problems, 47 IND. L.J. 1 (1971).

Giddens, Anthony. Social Theory and Modern Sociology. Stanford, California: Stanford University Press, 1987.

Thompson, John M. Revolutionary Russia, 1917. New York: Charles Scribner's Sons, 1981.

Vlachoutsicos, Charalambos. Russian Collectivism an Invisible Fist in the Transformation Process of Russia. http://www.eliamep.gr/eliamep/files/op9708.PDF.

Sources used in this document:
Works Cited

Bork, Robert H. "Original Intent." The Judges' Journal (Summer 1987), 13-17.

Bork, Robert H.

Neutral Principles and Some First Amendment Problems, 47 IND. L.J. 1 (1971).

Giddens, Anthony. Social Theory and Modern Sociology. Stanford, California: Stanford University Press, 1987.
Vlachoutsicos, Charalambos. Russian Collectivism an Invisible Fist in the Transformation Process of Russia. http://www.eliamep.gr/eliamep/files/op9708.PDF.
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