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Politics : Clinton's Scandals: Is this corruption the worst ever? -- Ignore unavailable to you. Want to Upgrade?

To: jbe who wrote (8497)	10/18/1998 6:18:00 PM
From: j g cordes	Respond to of 13994

Thanks for posting Boyle's review of Bork's writing. I occasionally read Bork and respect his consistency of viewpoint and agree with him that judges through interpretation have trended to politicize the legal system. Bork's warning seems obvious, yet oddly is an aim of the conservative right he often speaks to and speaks for. Boyle's points, critical of Bork's intent, are well taken: As I went further back into Mr. Bork's intellectual history, I discovered that the arguments in his most recent book followed a formula developed in his earlier writings. Like The Tempting of America, Mr. Bork's other work follows a lapsarian pattern -- a tale of a fall from grace, coupled with a strategy for redemption. A state of corruption and decay is identified in some institution or area of law. The rot is traced to a particular departure from the proper state of affairs, a wilful violation of an authoritatively decreed scheme of things. A method is prescribed by Mr. Bork which will allow us to escape our current fallen state and return to a condition of righteousness. Mr. Bork speaks strongly in favour of his method, pronouncing it "inescapable" or "unavoidable." Yet it is obvious that Mr. Bork's panacea has all the same features as the disease it is supposed to cure. wcl.american.edu