Title

Imposition

Document Type

Working Paper

Publication Date

3-21-2014

SSRN Discipline

Legal Scholarship Network; PRN Subject Matter eJournals; Philosophy Research Network; Social Insurance Research Network; Law School Research Papers - Legal Studies; LSN Subject Matter eJournals; Humanities Network; Political Science Network

Abstract

Courts have been expressing exasperation with increasing frequency particularly in cases brought by prisoners minorities and other unpopular groups This article posits that the judiciary like society at large deploys the trope of imposition at key moments in the history of a reform movement to invalidate it and place it on the defensive At first society may tolerate or even support the reformers At some point however reaction sets in and we declare that we have done enough for them Now they are unreasonable the aggressors asking for things they do not deserve They are imposing on us and our good nature We including the judiciary reject their pleas indignantly since they now tax our good natures

Download

Share

COinS