Chapter

Acknowledgment of Harm

Emily M. Calhoun

in Losing Twice

Published in print March 2011 | ISBN: 9780195399745
Published online May 2011 | e-ISBN: 9780199894444 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195399745.003.0006
Acknowledgment of Harm

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This chapter discusses why justices making a tragic choice have an obligation to acknowledge properly their choice and its harmful consequences for constitutional losers. It offers some ideas about what proper acknowledgment might look like. Truthfulness about what is at stake for all parties is a central requirement of proper acknowledgment. Truthfulness does not, however, fully satisfy the obligation. Something more is required. Drawing on the insights of scholars working outside the field of law, the chapter embarks on an exploration, from a multidisciplinary perspective, of justices' harm-amelioration obligation.

Keywords: justices; constitutional losers; acknowledgement; truthfulness; harm amelioration

Chapter.  4683 words. 

Subjects: Constitutional and Administrative Law

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