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Entries from February 2011

The Trouble With “Balance” Metaphors

February 4th, 2011 · 40 Comments

Reading Orin Kerr’s new paper outlining an “equilibrium-adjustment theory” of the Fourth Amendment, I found myself reflecting on how thoroughly the language of “balancing” pervades our thinking about legal and political judgment. The very words “reasonable” and “rational” are tightly linked to “ratio”—which is to say, to relative magnitude or balance. We hope to make […]

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Tags: General Philosophy · Language and Literature · Privacy and Surveillance