Imposition

37 Pages Posted: 21 Mar 2014

See all articles by Richard Delgado

Richard Delgado

Seattle University School of Law

Jean Stefancic

Seattle University School of Law

Date Written: 1994

Abstract

Courts have been expressing exasperation with increasing frequency, particularly in cases brought by prisoners, minorities, and other unpopular groups. This article posits that the judiciary, like society at large, deploys the trope of imposition at key moments in the history of a reform movement to invalidate it and place it on the defensive. At first, society may tolerate or even support the reformers. At some point, however, reaction sets in and we declare that we have done enough for them. Now they are unreasonable, the aggressors, asking for things they do not deserve. They are imposing on us and our good nature. We (including the judiciary) reject their pleas indignantly, since they now tax our good natures.

Keywords: law reform, judicial review, law and politics, legal realism, judges and judging

Suggested Citation

Delgado, Richard and Stefancic, Jean, Imposition (1994). William & Mary Law Review, Vol. 35, 1994, U of Alabama Legal Studies Research Paper No. 2411636, Available at SSRN: https://ssrn.com/abstract=2411636

Richard Delgado (Contact Author)

Seattle University School of Law ( email )

WA
United States

Jean Stefancic

Seattle University School of Law ( email )

901 12th Avenue, Sullivan Hall
P.O. Box 222000
Seattle, WA n/a 98122-1090
United States

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