The Efficient Causes of Constitutional Law
| Author | Charles D. Kelso; R. Randall Kelso |
| Profession | Professors of Law |
| Pages | 277 |
Page277
Efficient causes involve consideration of that aspect of a phenomenon which causes things to change, like the "hammering of the silversmith" in Aristotle's silver bowl example, noted at 1.2.1. Decisions on constitutional law are hammered out by application of the four judicial decisionmaking styles to the facts of particular cases in light of the available materials for interpretation. These four interpretation styles are thus the efficient causes of constitutional decisionmaking. The first sub-part of Part III will describe these efficient causes in detail. Chapter 9 will discuss formalism; Chapter 10 will discuss the Holmesian style of interpretation; Chapter 11 will discuss instrumentalism; Chapter 12 will discuss natural law.
For each of the four interpretation...
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