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- Comments: Gated by NETNEWS@AUVM.AMERICAN.EDU
- Path: sparky!uunet!paladin.american.edu!auvm!UALR.EDU!WSMURRAY
- Message-ID: <00965EED.08280920.11811@UALR.EDU>
- Newsgroups: bit.listserv.politics
- Date: Thu, 31 Dec 1992 23:37:44 EST
- Sender: Forum for the Discussion of Politics <POLITICS@UCF1VM.BITNET>
- From: Scott Murray <wsmurray@UALR.EDU>
- Subject: RE: Original Intent
- Comments: To: POLITICS%OHSTVMA.bitnet@KSUVM.KSU.EDU
- Lines: 10
-
- I'm enjoying this discussion on constitutional interpretation. I haven't
- seen any discussion of the sociological jurisprudence model. This theory,
- which I think was developed by Brandies or Cardozo early in this century,
- takes into account extra-legal factors such as conditions in society. It
- could loosely be classed as a noninterpretivist theory. _Brown v. Board of
- Education_ is an example of sociological jurisprudence. The court took into
- account volumes of statistics in concluding that "separate but equal" schools
- were *in fact* unequal. The sociological jurisprudence doctrine was used
- in other civil rights cases, as well as some of the voting rights cases
- of the 1960s.
-