Dissenting by Deciding, 56 STAN. L. REV. 1745 (2005)
Everyone, it seems, believes in dissent. Our political mythology promotes a romantic vision: the solitary voice of reason, Holmes’s prescient dissents, the lone juror in Twelve Angry Men. When talking about the role dissenters play in democratic governance, scholars offer a more workmanlike view. The conventional understanding of dissent as a practice recognizes that dissent is more than culturally resonant; it is a political strategy. Like any minority faction, dissenters can often get the majority to soften its views or at least obtain a concession or two. Scholars thus grasp that dissenters can wield power through participation or presence rather than persuasion.
Date of Authorship for this Version
Gerken, Heather K., "Dissenting by Deciding" (2005). Faculty Scholarship Series. Paper 355.