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Courts of many minds

Spiekermann, Kai and Goodin, Robert E. (2010) Courts of many minds. In: APSA 2010 annual meeting, 16-19 May 2010, Orlando, FL.

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Abstract

In A Constitution of Many Minds (Princeton UP 2009), Cass Sunstein argues that the three major approaches to constitutional interpretation all rely on some variation of a “Many Minds” argument: -- “Traditionalists” would have judges defer to the “Many Minds” on previous courts; -- “Populists” would have judges defer to the “Many Minds” in the electorate at large; -- “Cosmopolitans” would have judges defer to the “Many Minds” on foreign benches. Here we assess each of these claims through the lens of the Condorcet Jury Theorem. In the cases of the Traditionalist and Cosmopolitan approaches we explore the implications of partial interdependence among past and foreign courts, respectively. In the case of the Populist approach, we consider the influence of opinion leaders.

Item Type: Conference or Workshop Item (Paper)
Official URL: http://www.apsanet.org/mtgs/program_2010/index.cfm
Additional Information: © 2010 The Authors
Library of Congress subject classification: J Political Science > JA Political science (General)
K Law > K Law (General)
Sets: Departments > Government
Rights: http://www.lse.ac.uk/library/usingTheLibrary/academicSupport/OA/depositYourResearch.aspx
Date Deposited: 21 Jun 2012 11:39
URL: http://eprints.lse.ac.uk/44440/

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