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Images of the Constitution

Canada's legal academy is sometimes criticized for the modesty of its ambitions and the poverty of its production. 1 This state of affairs is generally attributed to the academy's continuing enthralment with legal positivism. Canadian legal academics, it is said, have been intellectually unscathed by the major jurisprudential disruptions realist, sociological and critical that have occurred elsewhere and have, in consequence, continued to model their scholarship on "classical latenineteenth century forms.' ' Professor Conklin agrees with this diagnosis (we are, he repeatedly says, entrapped by a variety of forms of positivism) and he aims both to free us and to recommend a theoretic alternative at least as regards constitutional law. In this review, I will discuss both how he proposes to liberate us and why he thinks we ought be freed. The two inquiries are interrelated and have much to do with his project's ultimate theoretic fragility and, despite his manifest commitment and good intentions, its final moral blindness. The most elemental question in any discourse scientific or otheris the meaning of meaning. Every undertaking, that is, must come to some understanding concerning whether its practice discovers or invents meaning. Generally, understandings of this sort take the form of assigning a locus for meaning meaning will be said to reside either in the world/text or in the investigator/reader. If meaning is somehow out there in the world, then a discipline's practice is one of discovery its practitioners will seek out the meaning that exists independently from them. On the other hand, if meaning is in here, then a discipline's practice