Adjudication as Facilitation
Adjudication as Facilitation
This chapter defends the cultural model of adjudication displayed in the formation of First Amendment law. This facilitative model, in which regularized judicial participation offers an alternative to the intermittent enforcement model, reorients a jurist's attention toward a different order of responsibilities: the mediation of cultural conflict, the development and management of political grammar, the cultivation of civic ideals, and the rhetorical empowerment of others. This model of constitutional interaction is compatible with the Framers' own writings on the task of judging. It also better integrates their ideas on adjudicative power with their expectations for a democratic ethos that ensures respect for fundamental rights.
Keywords: cultural model, adjudication, facilitative model, judicial participation, jurist, constitutional interaction, Framers, adjudicative power, democratic ethos
Yale Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
Please, subscribe or login to access full text content.
If you think you should have access to this title, please contact your librarian.
To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us.