On Judicial Decisions
Judicial decisions are not what they seem. Their claims are often vastly disproportionate to their effects. The very idea of the decision rests on a model of political power that is rarely realized: one in which authority flows from a hierarchical point, directing the behavior of political institutions as well as ordinary citizens. This model rests on a conception of the sovereign as the decision maker, the person who directs how the rest of the polity will lead their lives. Regardless of whether we put the king or the representative of the people into this role of the sovereign, the model of a single authoritative source of power remains the same. Legal scholars are, for the most part, arguing about how this sovereign should rule. But our legal universe does not work this way.
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