Jenco, Leigh K. 
ORCID: 0000-0001-7249-7843
(2012)
From constitutional listening to constitutional learning.
Chicago-Kent Law Review, 88 (1).
pp. 171-186.
ISSN 0009-3599
Abstract
In this article, I point out some limitations of Michael Dowdle’s “listening” model, particularly its basis in the “principle of charity.” I try to show that listening, as well as the principle of charity, are inadvertently passive and one-sided exercises that seem to have little similarity to the deeply self-transformative “learning” Dowdle urges us to undertake. I go on to suggest other ways of accomplishing the goals Dowdle sets for this project. Specifically, I develop the “self-reflexive approach” to think about how we might change ourselves—our conversations, our terms, our concerns—in addition to, and in the process of, learning from others. I argue that we must go beyond an expansion of the term constitutionalis m, to consider its replacement: the Chinese conversation is not a case study that exhibits features predictable by already-existing (and largely Western-centric) models of legal understanding, but stands as itself an important source of socio-political theory that can contribute to solving larger puzzles within political- and social-scientific analysis more generally, including democratic theory and Chinese politics.
| Item Type: | Article |
|---|---|
| Official URL: | http://cklawreview.com/ |
| Additional Information: | © 2013 The Chicago-Kent Law Review |
| Divisions: | Government |
| Subjects: | D History General and Old World > DS Asia J Political Science > JC Political theory K Law > K Law (General) |
| Date Deposited: | 09 Aug 2012 08:23 |
| Last Modified: | 01 Nov 2024 05:22 |
| URI: | http://eprints.lse.ac.uk/id/eprint/45291 |
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