The Law as it Could Be / Owen Fiss.
Fiss, Owen, author.
2003
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Title The Law as it Could Be / Owen Fiss.
Author Fiss, Owen, author.
ISBN 9780814728611
DOI https://doi.org/10.18574/nyu/9780814728611.001.0001
Published New York, NY : : New York University Press, [2003]
Copyright ©2003
Language English
Language Note In English.
Description 1 online resource
Item Number 10.18574/nyu/9780814728611.001.0001 doi
Dewey Decimal Classification 342.73/029
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 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.
Access Note Access limited to authorized users.
System Details Note Mode of access: Internet via World Wide Web.
Digital File Characteristics text file PDF
Source of Description Description based on online resource; title from PDF title page (publisher's Web site, viewed 18. Sep 2023)
In New York University Press Backlist eBook-Package 2000-2013
Available in Other Form print 9780814727256
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Frontmatter
Contents
Preface
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

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