Are you familiar with Friedrich Hayek, the practitioner of class analysis and ideological unmasking? Hayek in The Constitution of Liberty pointed out that individuals who were merely organizational employees or bureaucrats and have never participated as constantly re-calibrating risk takers, entrepreneurial learners, and production re-arrangers would be individuals with a very different understanding of the workings of the social – economic system — and with very different values concerning the relation of individuals to that system. These individuals would have little life understanding of the most important aspects of the functioning of the market economy, and in many ways they would resent those aspects of it which didn’t privilege themselves — and provided rewards and penalties to others. And they would come to replicate their limited and inadequate understanding of the social system and their self-interested bureaucratic employee class values in their market-innocent and bureaucratic-dominated educational organizations. (On this see for example F. A. Hayek, The Constitution of Liberty, pp. 118-130).
Hayek identifies lawyers and university professors in particular as members of the cognitive elite with little or no understanding of the functioning of the overall social – economic order which make all of our lives possible. As Hayek puts it using the example of the individual with a law degree, “The rules of just conduct which the lawyer studies serve a kind of order of the character of which the lawyer is largely ignorant.”
But what happens when we continually put individuals in charge of making the law who feel bound only to arrive at the “best” outcome in the particular case making use of their class-informed sense of “social justice” — and largely without regard to the written text of the Constitution and the traditional principles of liberal law? What happens when these people have little experience of the world outside of the educational – political complex of the Washington – New York – Boston corridor? In Elena Kagan we have a woman who has never had a job or a lived outside of this political – educational complex. And she’s the second Obama nominee in a row with nearly an identical MO — like Kagan, Sonia Sotomayor has an Ivy League law background both professionally and as a student, is from New York City, is unmarried and childless, and both even have the same undergraduate degree from the left of center history department at Princeton.
I’ll pick this thread up later.
UPDATE II: Not only will the three women on the Supreme Court be from New York city and Ivy League law schools, all three will be former summer associates at the New York city law firm Paul, Weiss, Rifkind, Wharton & Garrison.