The Law as it Could Be / Owen Fiss.

Format:

Book

Author/Creator:

Fiss, Owen M.

Language:

English

Subjects (All):

United States. Supreme Court--History--20th century.

United States.

Constitutional law--United States--Cases.

Constitutional law.

Constitutional history--United States.

Constitutional history.

Genre:

Electronic books.

Physical Description:

1 online resource (302 p.)

Place of Publication:

New York ; London : New York University Press, [2003]

Language Note:

English

Summary:

The Law As It Could Be gathers Fiss's most important work on procedure, adjudication and public reason, introduced by the author and including contextual introductions for each piece-some of which are among the most cited in Twentieth Century legal studies. Fiss surveys the legal terrain between the landmark cases of Brown v. Board of Education and Bush v. Gore to reclaim the legal legacy of the Civil Rights Movement. He argues forcefully for a vision of judges as instruments of public reason and of the courts as a means of shaping society in the image of the Constitution. In building his argu

Contents:

The forms of justice

The social and political foundations of adjudication

The right degree of independence

The bureaucratization of the judiciary

Against settlement

The allure of individualism

The political theory of the class action

The awkwardness of the criminal law

Objectivity and interpretation

Judging as a practice

The death of law?

Reason vs. passion

The irrepressibility of reason

Bush v. Gore and the question of legitimacy.

Notes:

Description based upon print version of record.

Includes bibliographical references (p. 251-281) and index.

Description based on print version record.

ISBN:

9780814728376

0814728375

9780814728611

0814728618

OCLC:

780425884