Desperately Seeking Certainty: The Misguided Quest for Constitutional Foundations / Edition 1

Desperately Seeking Certainty: The Misguided Quest for Constitutional Foundations / Edition 1

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by Daniel A. Farber, Suzanna Sherry
     
 


Irreverent, provocative, and engaging, Desperately Seeking Certainty attacks the current legal vogue for grand unified theories of constitutional interpretation. On both the Right and the Left, prominent legal scholars are attempting to build all of constitutional law from a single foundational idea. Dan Farber and Suzanna Sherry find that in the end noSee more details below

Overview


Irreverent, provocative, and engaging, Desperately Seeking Certainty attacks the current legal vogue for grand unified theories of constitutional interpretation. On both the Right and the Left, prominent legal scholars are attempting to build all of constitutional law from a single foundational idea. Dan Farber and Suzanna Sherry find that in the end no single, all-encompassing theory can successfully guide judges or provide definitive or even sensible answers to every constitutional question. Their book brilliantly reveals how problematic foundationalism is and shows how the pragmatic, multifaceted common law methods already used by the Court provide a far better means of reaching sound decisions and controlling judicial discretion than do any of the grand theories.

Product Details

ISBN-13:
9780226238098
Publisher:
University of Chicago Press
Publication date:
04/15/2004
Edition description:
1
Pages:
219
Product dimensions:
6.00(w) x 9.00(h) x 0.50(d)

Meet the Author

Daniel A. Farber is the McKnight Presidential Professor of Public Law, Henry J, Fletcher Professor of Law, and associate dean for research and development at the University of Minnesota. Suzanna Sherry is the Cal Turner Professor of Law and Leadership at Vanderbilt University. Each is the author of numerous books.

Table of Contents

Preface
1Of Law and Latkes1
2In the Beginning: Robert Bork and Other Originalists10
3The Formalist Crusade of Antonin Scalia29
4Richard Epstein and the Incredible Shrinking Government55
5Akhil Amar and the People's Court75
6Bruce Ackerman's Magic Amendment Machine97
7Ronald Dworkin and the City on the Hill122
8Dethroning Grand Theory140
Appendix169
Notes171
Index203

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