In Search of Conservatism
This essay was written as a comment on a paper by Professor Robert Nagel, entitled Conservatism and Constitutionalism in the United States. After considering and criticizing various candidates for a conservative constitutional jurisprudence, Nagel concludes by suggesting that the essence of judicial conservatism lies in a traditionalism that acknowledges that reason can only operate from within experience rather than as a more detached examination of experience. This comment questions Nagels conclusion, suggests that conservatism would need to have a more ethical and ontological dimension, and offers a distinction between believing traditionalists and skeptical traditionalists who may converge in their practical values and prescriptions even though they differ fundamentally on a more philosophical level.
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| Format: | Digital revista |
| Language: | English |
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Instituto de Ciências Jurídico-Políticas (Faculdade de Direito da Universidade de Lisboa)
2018
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| Online Access: | http://scielo.pt/scielo.php?script=sci_arttext&pid=S2183-184X2018000300005 |
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