October 17, 2004

Tom Maguire seems puzzled by the fact that Prof. Jack Balkin describes the Dred Scott ruling in seemingly opposed ways: as a decision by conservatives (i.e. folks like Scalia and Thomas) based on the original intent of the Constitution -- and as an act of judicial activism by conservatives (i.e. folks like Scalia and Thomas) imposing their "conservative" (i.e. racist) values on the country. It appears to me the problem here is that Maguire is has yet to learn the profound insights of Jacques Derrida, unlike our more nuanced Prof. Balkin:
Jacques Derrida passed away this Friday in Paris. Derrida was an important influence in my intellectual life. I began my academic career exploring the connections between deconstruction and legal theory, and although I have since moved on to other topics, his work remains a powerful source of insight.
Tom Maguire -- a man sadly trapped by the false binary oppositions of Western logocentrism. More here on Balkin and his perverse uses of the word "conservative". Posted by Greg Ransom | TrackBack