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The Law as it Could Be [NOOK Book]

Overview


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 ...

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The Law as it Could Be

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Overview


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 argument, Fiss attends to topics as diverse as the use of the injunction to restructure social institutions; how law and economics have misunderstood the role of the judge; why the movement seeking alternatives to adjudication fails to serve the public interest; and why Bush v. Gore was not the constitutional crisis some would have us believe. In so doing, Fiss reveals a vision of adjudication that vindicates the public reason on which Brown v. Board of Education was founded.

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Editorial Reviews

From the Publisher
“Owen Fiss is the moral compass of legal liberalism, and these indispensable essays are his—and our—guide to true north. Against the reaction of the Rehnquist Court and academic fashions for economics, Marxism, and emotionalism, Fiss calmly makes the case for unvarnished reason as the only and best guide to law and life. The book's brilliant, pathbreaking meditations on the structure of legal institutions reveal a profound faith that law can be not only the instrument of justice, but can actually embody justice itself. Fiss’s unswerving commitment to the possibilities of reason, justice, and law is more than timely—it is essential to the very project of the law.”
-Noah Feldman,author of After Jihad: America and the Struggle for Islamic Democracy

“An uplifting book.”
-Choice

,

“Refreshingly straightforward. Fiss writes in the style of John Marshall, sweeping the reader along with vigorous argumentation.”
-The Law and Politics Book Review

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Product Details

  • ISBN-13: 9780814728376
  • Publisher: New York University Press
  • Publication date: 10/1/2003
  • Sold by: Barnes & Noble
  • Format: eBook
  • Pages: 320
  • File size: 2 MB

Meet the Author


Owen Fiss is Sterling Profesor of Law, Yale Law School. Among his books are Liberalism Divided and The Irony of Free Speech.

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Table of Contents

Preface
1 The Forms of Justice 1
2 The Social and Political Foundations of Adjudication 48
3 The Right Degree of Independence 59
4 The Bureaucratization of the Judiciary 66
5 Against Settlement 90
6 The Allure of Individualism 105
7 The Political Theory of the Class Action 122
8 The Awkwardness of the Criminal Law 133
9 Objectivity and Interpretation 149
10 Judging as a Practice 172
11 The Death of Law? 191
12 Reason vs. Passion 207
13 The Irrepressibility of Reason 221
14 Bush v. Gore and the Question of Legitimacy 229
Afterword 244
Notes 251
Index 283
Acknowledgments 285
About the Author 287
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