Saturday, July 11, 2009

The Borkean Paradox: a Judge at War with Himself

Richard Epstein has a review of a recent compilation of selections from Robert Bork's writings. (Hat Tip: David Bernstein at Volokh Conspiracy). I have not read this recent book; in fact, I have read only his book on antitrust, and I found it wanting in some particulars. At any rate, Epstein criticizes Mister Bork for claiming to be an originalist but in some instances succumbing to two tendencies that undercut his (Mister Bork's) message:

1. Mister Bork's putative originalism leads him to inveigh against many forms of economic regulation but to condone, inconsistently, extensive government regulation of cultural issues.

2. Mister Bork adopts a confrontational, even mean, tone in his writing that might alienate his potential supporters.

Mister Bork seems to me like an angry man.

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