Constitutional Jurisprudence

This article argues that American public administrative thought rests on philosophically pragmatic premises that treat praxis as an exercise in relating explanatory theories to empirically derived facts. This methodocentric "knowledge production" approach directs attention away from a rhetorical "normative judgment" approach that undergirds and legitimizes both legal and administrative practices. The latter approach to praxis emphasizes the dialogic relation of enduring values and principles to changing circumstances. It brings concerns for permanence, stability, aspiration, moral teaching, public good, restraint, and discovery to bear on these practices. It exposes both their rhetorical foundations and the centrality of law as a focal point for administrative wisdom. This "jurisprudential" approach to praxis ties public administrators to constitutional foundations and entails dramatically different emphases in their education and training.