Publication Date
1-1-1995
Document Type
Article
Organizational Units
Sturm College of Law
Keywords
Constitutional jurisprudence, Modernism, Modernist, Larry Alexander, Frederick Schauer, Metadoctrine, Science, Physics, Unifying principles, Unifying theory, Randomness, Quantum theory
Abstract
This essay explores why many scholars, including Frederick Schauer and Larry Alexander, feel that an attempt at unification of the doctrine of unconstitutional conditions is unworthy of scholarly attention. Although the subject of this particular essay is less ambitious than the many attempts that have been made to unify the doctrine of unconstitutional conditions, and indeed proposes no unifying theory itself, it nevertheless examines why attempts to explain the doctrine in a unified way might be valid even if no unification is ultimately possible. It also attempts to persuade that a unifying theory of the doctrine may be attainable, although such a doctrine is yet to be articulated. The essay seeks to justify the search for metatheories and to diminish skepticism about them by revealing some strengths of modem conceptualist thinking while at the same time embracing some of the ideas of postmodemism.
Rights Holder
Roberto L. Corrada, University of Denver
File Format
application/pdf
Language
English (eng)
Extent
20 pgs
File Size
1.3 MB
Publication Statement
Copyright held by the author. User is responsible for all copyright compliance.
This article was originally published as Roberto L. Corrada, Justifying a Search for a Unifying Theory of Unconstitutional Conditions, 72 Denv. U. L. Rev. 1011 (1995).
Volume
72
First Page
1011
Last Page
1030
Recommended Citation
Roberto L. Corrada, Justifying a Search for a Unifying Theory of Unconstitutional Conditions, 72 Denv. U. L. Rev. 1011 (1995).