Constitutional law as fiction : narrative in the rhetoric of authority / L.H. LaRue.

Format:

Book

Author/Creator:

LaRue, Lewis H.

Language:

English

Subjects (All):

Constitutional law--United States--Fiction.

Constitutional law.

Judicial opinions.

Methodology.

United States.

Judicial opinions--United States--Methodology.

Rhetoric.

Genre:

Fiction.

Physical Description:

x, 158 pages ; 24 cm

Place of Publication:

University Park, Pa. : Pennsylvania State University Press, [1995]

Summary:

The fundamental thesis of 'Constitutional Law as Fiction' is that in writing the opinion that explains a judgment, a judge not only analyzes and organizes precedent and makes and defends policy or value judgments, but he or she also tells a story, much as a historian does. Like a history, this story has the appearance of simple truth, but, in fact, of necessity, it is a 'fiction' as well--not in the sense of a lie or fairy tale, but in the sense of a constructed meaning.

Notes:

Includes bibliographical references and index.

ISBN:

0271014067

0271014075

OCLC:

30318600