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Liberalism, Community, and State Borders
Brilmayer, Lea
Brilmayer, Lea
Abstract
Legal doctrine is a collection of technicalities, but it is not only that. It is also, often, something more. Legal doctrines embody intuitions about justice, fairness, efficiency-all the values held by the individuals who contribute to their formulation. Faced with problems that lack clear legal answers, judges grope for appropriate solutions; in their groping, they follow deeply held intuitions about what the law ought to be. It should be of no surprise that even some of the humblest legal doctrines reflect much larger philosophical assumptions.