By Schubert Ogden
...
Context makes clear, I believe, that what Gamwell understands by "permanent principles" are, in Dworkin's sense, ''fundamental principles." In any case, Gamwell removes any doubt that substantive principles of justice are "equally permanent" with its formative principles.
20 November 2007
"fundal11.ental" and "nonfundamental" rights was only another way of
l11.aking GaIuwell's distinction between "formative" and "substantive" rights.
But I've since COl11.e to think that this can hardly be correct-for one reason
because Gan1.well himself speaks of "a fundamental substan'tive right"
(Politics as a Christian Vocation: 95; italics added). "fundamental" and "nonfundamental" rights was only another way of making Gamwell's distinction between "formative" and "substantive" rights. But I've since come to think that this can hardly be correct-for one reason because Gamwell himself speaks of "a fundamental substantive right" (Politics as a Christian Vocation: 95; italics added).