Response

Speculation proceeding upon no set path and minimizing a logical thread of analysis may often be far more productive of insights into our never-ending search for knowledge than the most logical and analytical pursuit of "truth." The latter process is often premised upon unchallenged and unchallengeable truths; a set of unexamined premises which both control perceptions of reality and import a dangerous degree of rigidity into the process of reconciling the need for order in society with preserving individualism -- the primary functional goal of the legal process. Professor Frankel's speculation rightly proceeds upon no set thread of logical development but consists of a series of insights concerning a conflict of fundamental values in the continuing evolution of the premises upon which our society is organized.