Article:
Philip Bobbitt, A Reply To Professor Ball, 59 TEXAS. L.
REV. 829 (1981).
Abstract:
Profesor Bobbitt uses his article to reply to Professor Ball’s
complaints that Bobbitt does not examine the relation between
constitutional arguments on the one hand and social, economic
and political interests on the other. Bobbitt states that this
criticism is premised upon a fundamentally flawed reading of his
work. He defends his theories with the claim that his lectures
are composed for an audience who was in sympathy with their
spirit. He concedes that the “sprit” that permeates his lectures
and which dictates to whom they are directed is not currently in
vogue in American constitutional philosophy, which seems to hold
that the law is in need of a foundation constructed from
political theory. Bobbitt professes that he is simply not
interested in engaging in such a foundation construction
endeavor. Instead, he is concerned with taking a “perspicious”
view of the structures that make such justification possible. To
reiterate, the purpose of Bobbitt’s lectures can be summarized
as follows: to show that superimposing political theories on the
doctrine of judicial review does not account for the doctrine
and cannot offer a justification for it.