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Overview
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.
Product Details
ISBN-13: | 9780814727263 |
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Publisher: | New York University Press |
Publication date: | 10/01/2003 |
Pages: | 287 |
Product dimensions: | 6.00(w) x 9.00(h) x 9.00(d) |
About the Author
Table of Contents
ContentsPreface
1 The Forms of Justice
2 The Social and Political Foundations of Adjudication
3 The Right Degree of Independence
4 The Bureaucratization of the Judiciary
5 Against Settlement
6 The Allure of Individualism
7 The Political Theory of the Class Action
8 The Awkwardness of the Criminal Law
9 Objectivity and Interpretation
10 Judging as a Practice
11 The Death of Law?
12 Reason vs. Passion
13 The Irrepressibility of Reason
14 Bush v. Gore and the Question of Legitimacy
Afterword
Notes
Index
Acknowledgments
About the Author
What People are Saying About This
“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
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“Refreshingly straightforward. Fiss writes in the style of John Marshall, sweeping the reader along with vigorous argumentation.”
-The Law and Politics Book Review