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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Produktdetaljer
ISBN
9780814728376
Publisert
2015
Utgiver
NYU Press
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter