Browsing by Subject "Alexander Bickel"

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    A moral psychological primary source analysis of Brown v. Board of Education
    (2017-12-06) Hardee, Benjamin Dawson; Jacobsohn, Gary J., 1946-; Powe, Lucas; Perry, HW; Gawronski, Bertram
    This work applies the social intuitionist psychological model of moral judgment to explain the U.S. Supreme Court’s Brown v. Board of Education (1954) decision-making process. Based on an examination of the available Brown primary source material–––conference notes, interchamber and private memoranda, missives to private individuals, written brainstorms, and clerk recollections–––this work argues that most of the justices’ decision-making in Brown is captured by the model and associated psychological phenomena. The analysis clarifies Brown’s constitutional holding and the nature of the constitutional violation and harm the justices intended to proscribe. The work concludes that Brown has a consequentialist, not a deontological or colorblind, provenance and purpose.