Approaching others does not presuppose much change of the self other than its momentary humanitarian empathy and its spontaneous (often motivated by prudentialist
concerns of global risk avoidance) ec-static preoccupation with things that go beyond daily routine.
the question whether a given certiorari denial was prudentialist
Moreover, Fisher is too quick to dismiss prudentialist
arguments that the conditions of the modern world require an expanded role for the executive over matters of national security.
That is because, for a prudentialist
, an important part of the work of courts is to achieve good consequences through a careful combination of judicial assertion and judicial restraint--through knowing when to intervene and when to stay aloof, when to goad the political branches into action and when to avoid creating unnecessary strife that risks backlash and reaction.
Even Richard Tuck, who dismisses as anachronistic the view that Hobbes had a utilitarian or prudentialist
conception of human action, concludes that his moral theory amounted to little more than the claim that people have a right to do what they must to preserve themselves.
They are moved not just by rational nonmoral interests, but are predisposed to act reasonably and fairly, with a desire to publicly justify their activities to others.(100) Now it may be that the aforementioned argument also works within the terms of a Hobbesian prudentialist
contract view.(101) The purely self-interested utility maximizer assumed by such a view also then might be convinced that it is in her best interest to mutually accept a duty to aid the distressed.
In correspondence by electronic mail, Professor Mervin stated that he was comfortable with the label of "prudentialist
" to describe his methodological approach to the war powers question.
This Note does not make a prudential argument because, as Bobbitt notes, such arguments are "actuated by the political and economic circumstances surrounding the decision" by the (prudentialist
But see Philip Bobbitt, Constitutional Interpretation 126-40 (1991) (characterizing my approach as prudentialist
Building on Alexander Bickel's political philosophy,(70) Kronman takes prudence to be "a trait or characteristic that is at once an intellectual capacity and a temperamental disposition."(71) In this sense, prudentialism signals a quality of "mind and character."(72) The prudentialist
tradition accepts the "plurality" and "incommensurability" of human goods (pp.
Here he quotes Alexander Bickel, the preeminent prudentialist
of his era, "Singly, either the President or Congress can fall into bad errors ....
Part V situates institutionalism within larger debates about constitutional theory, explaining the relevance of institutions to textualists, originalists, common law constitutionalists, popular constitutionalists, and prudentialists
. The Article concludes with a sketch of what an institutional approach may mean for the Second Amendment right to keep and bear arms, and for the broader project of constitutional adjudication.