Coverart for item
The Resource Law and legitimacy in the Supreme Court, Richard H. Fallon, Jr

Law and legitimacy in the Supreme Court, Richard H. Fallon, Jr

Label
Law and legitimacy in the Supreme Court
Title
Law and legitimacy in the Supreme Court
Statement of responsibility
Richard H. Fallon, Jr
Creator
Author
Subject
Language
eng
Summary
"The book addresses questions about the roles of law and politics and the challenge of legitimacy in constitutional adjudication in the Supreme Court. With all sophisticated observers recognizing that the Justices' political outlooks influence their decision making, many political scientists, some of the public, and a few prominent judges have become Cynical Realists. In their view Justices vote based on their policy preferences, and legal reasoning is mere window-dressing. This book rejects Cynical Realism, but without denying many Realist insights. It explains the limits of language and history in resolving contentious constitutional issues. To rescue the notion that the Constitution is law that binds the Justices, the book provides an original account of what law is and means in the Supreme Court. It also offers a theory of legitimacy in Supreme Court adjudication. Given the nature of law in the Supreme Court, we need to accept and learn to respect reasonable disagreement about many constitutional issues. If so, the legitimacy question becomes: how would the Justices need to decide cases so that even those who disagree with the outcomes ought to respect the Justices' processes of decision? The book gives a fresh and counterintuitive answer to that vital question. Adapting a methodology made famous by John Rawls, it argues that the Justices should strive to achieve a "reflective equilibrium" between their interpretive principles, framed to identify the Constitution's enduring meaning, and their judgments about appropriate outcomes in particular cases, evaluated as prescriptions for the nation to live by in the future. The book blends the perspectives of law, philosophy, and political science to answer theoretical and practical questions of pressing national importance"--
Assigning source
Provided by publisher
Cataloging source
MH/DLC
http://library.link/vocab/creatorDate
1952-
http://library.link/vocab/creatorName
Fallon, Richard H.
Index
index present
Literary form
non fiction
Nature of contents
bibliography
http://library.link/vocab/subjectName
  • United States
  • United States
  • Political questions and judicial power
  • Judicial process
  • Constitutional law
  • Constitutional law
  • Judicial process
  • Political questions and judicial power
  • United States
Label
Law and legitimacy in the Supreme Court, Richard H. Fallon, Jr
Instantiates
Publication
Copyright
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Dimensions
25 cm
Extent
xii, 221 pages
Isbn
9780674975811
Lccn
2017032270
Media category
unmediated
Media MARC source
rdamedia
Media type code
n
Note
GOBI Library Solutions from EBSCO
System control number
(OCoLC)1007495290
Label
Law and legitimacy in the Supreme Court, Richard H. Fallon, Jr
Publication
Copyright
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Dimensions
25 cm
Extent
xii, 221 pages
Isbn
9780674975811
Lccn
2017032270
Media category
unmediated
Media MARC source
rdamedia
Media type code
n
Note
GOBI Library Solutions from EBSCO
System control number
(OCoLC)1007495290

Library Locations

    • Biddle Law LibraryBorrow it
      3400 Chestnut Street, Philadelphia, Pennsylvania, 19104, US
      39.954941 -75.193362
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