By Issam K. H. Halayqa
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Rev. 651 (2005). 18 These and related criticisms are developed at greater length in Smith, Law’s Quandary, supra note 12 at 105–22, 132–4, and 142–9. 19 See generally Steven D. Smith, “Law Without Mind,” 88 Mich. L. Rev. 104 (1989). 12:11 P1: JZZ 9780521887410c01 CUUS125/Huscroft 978 0 521 88741 0 What Does Constitutional Interpretation Interpret? April 1, 2008 29 objective meanings and that those history-bound meanings are the appropriate object of constitutional interpretation, other people and other judges disagree.
Our exchange starts promisingly with what appears to be a spirited clash of views. Later, though, and to our mutual mortification, it becomes apparent that you are offering an interpretation of the Invisible Man written by Ralph Ellison, while I am talking about a similarly named novel by H. G. Wells. What would happen at this point? Well, I suppose that, overcoming the initial awkwardness, we might just proceed to offer our respective interpretations of the different books we have read. But we would no longer be engaged in a debate, and we would no longer be agreeing or disagreeing with each other.
Are they good at moral reasoning? Are they better at moral reasoning than other official decision-makers? Is the quality of their moral reasoning a reason for assigning final decisions about issues of rights to the judiciary rather than to legislatures? The last couple of questions are particularly important for constitutional jurisprudence. 1 Now, this is a quite specific claim about institutional competence, and I suspect it is often put forward on a flimsy basis. We catch a glimpse of what goes on in legislatures, and it sounds like a cacophony.