The State Interest in the Good Citizen: Constitutional Balance between the Citizen and the Perfectionist State
1994; University of California, Hastings College of the Law; Volume: 45; Issue: 4 Linguagem: Inglês
ISSN
0017-8322
Autores Tópico(s)Legal and Constitutional Studies
Resumo* Assistant Professor, Thomas M. Cooley Law School, and Advanced Student, University College, Oxford, England. I owe thanks to many people for help in herding together and keeping corralled the ideas in this Article. I am grateful to Vik Amar, Mark Kende, Mark Killenbeck, and Kevin Saunders for commenting on drafts; and to my students Patricia Schneider and William Durr and my librarian Sharon Bradley both for comments and for locating copies of my most arcane sources. I am very pleased to remember the kindness of David Faigman and Steve Gottlieb in introducing me to the splendid hospitality of the editors of the Hastings Law Journal, as well that of the President, Dean, and faculty of the Thomas Cooley Law School for funding and support, and that of the Institute for Humane Studies for support in developing Part IV of this Article. Finally, I am thankful to John Finnis, Joe Raz, and, most especially, Herbert Hart, who helped greatly to clarify my thinking concerning the early bits of Part IV of this Article. Professor Hart's gentle encouragements and thoughtful suggestions came at a dark hour in my studies, and this Article is something of a tribute to his memory. 1. Alexander Pope, The Dunciad, bk. I, II. 52-54, in THE SELECTED POETRY OF PoPE 242 (Martin Price ed., 1980). 2. Perhaps the most famous judgment of all time is that of Belshazzar, written on the wall by the hand in a cloud: You have been weighed in the balance and found wanting. Danie/5:27, in TANAKH: THE HoLY ScRIPTURES 1480 (1988). The true and false balances, both as means of judgment and as means of assessing the honesty of the user, are popular metaphors in Jewish scripture. See, e.g., Job 31:6, in TANAKH, supra, at 1382 (Let Him weigh me on the scale of righteousness; Let God ascertain my integrity.); Proverbs 11:1, in TANAKH, supra, at 1302 (False scales are an abomination to the Lord; An honest weight pleases Him.); Proverbs 20:23, in TANAKH, supra, at 1318 (False weights are an abomination to the Lord; Dishonest scales are not right.); Hosea 12:8 in TANAKH, supra, at 1000-01
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