University of Miami Law Review Volume 40 Number 4 Article 3 5-1-1986 Justice Diffused: A Comparison of Edmund Burke's Conservatism with the Views of Five Conservative, Academic Judges James G. Wilson Follow this and additional works at: https://repository.law.miami.edu/umlr Recommended Citation James G. Wilson, Justice Diffused: A Comparison of Edmund Burke's Conservatism with the Views of Five Conservative, Academic Judges, 40 U. Miami L. Rev. 913 (1986) Available at: https://repository.law.miami.edu/umlr/vol40/iss4/3 This Article is brought to you for free and open access by the Journals at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in University of Miami Law Review by an authorized editor of University of Miami School of Law Institutional Repository. For more information, please contact
[email protected]. Justice Diffused: A Comparison of Edmund Burke's Conservatism with the Views of Five Conservative, Academic Judges JAMES G. WILSON* The author evaluates the constitutionaljurisprudence ofjudges Posner, Bork, Easterbrook, Scalia, and Winter by contrastingtheir views with the political theory of noted conservative Edmund Burke. These judges' conception of politics, legitimacy, separation ofpowers, and tyranny differ significantlyfrom Burke's views, thereby raising questions about the nature of these jurists' conservatism. On June 17, 1986, after this article went to press, Chief Justice Burger resignedfrom the Supreme Court. President Reagan nomi- nated Justice Rehnquist as the sixteenth Chief Justice, and Judge Scalia as Justice Rehnquist's successor. I. INTRODUCTION ....................................................... 913 II. THE COMPLEX POLITICS OF EDMUND BURKE ............................ 917 A .