9780190945664-0190945664-Fidelity & Constraint: How the Supreme Court Has Read the American Constitution

Fidelity & Constraint: How the Supreme Court Has Read the American Constitution

ISBN-13: 9780190945664
ISBN-10: 0190945664
Edition: Illustrated
Author: Lessig, Lawrence
Publication date: 2019
Publisher: Oxford University Press
Format: Hardcover 600 pages
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Book details

ISBN-13: 9780190945664
ISBN-10: 0190945664
Edition: Illustrated
Author: Lessig, Lawrence
Publication date: 2019
Publisher: Oxford University Press
Format: Hardcover 600 pages

Summary

Acknowledged authors Lessig, Lawrence wrote Fidelity & Constraint: How the Supreme Court Has Read the American Constitution comprising 600 pages back in 2019. Textbook and eTextbook are published under ISBN 0190945664 and 9780190945664. Since then Fidelity & Constraint: How the Supreme Court Has Read the American Constitution textbook was available to sell back to BooksRun online for the top buyback price of $ 2.01 or rent at the marketplace.

Description

The fundamental fact about our Constitution is that it is old -- the oldest written constitution in the world. The fundamental challenge for interpreters of the Constitution is how to read that old document over time.

In Fidelity & Constraint, legal scholar Lawrence Lessig explains that one of the most basic approaches to interpreting the constitution is the process of translation. Indeed, some of the most significant shifts in constitutional doctrine are products of the evolution of the translation process over time. In every new era, judges understand their translations as instances of "interpretive fidelity," framed within each new temporal context.

Yet, as Lessig also argues, there is a repeatedly occurring countermove that upends the process of translation. Throughout American history, there has been a second fidelity in addition to interpretive fidelity: what Lessig calls "fidelity to role." In each of the cycles of translation that he describes, the role of the judge -- the ultimate translator -- has evolved too. Old ways of interpreting the text now become illegitimate because they do not match up with the judge's perceived role. And when that conflict occurs, the practice of judges within our tradition has been to follow the guidance of a fidelity to role. Ultimately, Lessig not only shows us how important the concept of translation is to constitutional interpretation, but also exposes the institutional limits on this practice.

The first work of both constitutional and foundational theory by one of America's leading legal minds, Fidelity & Constraint maps strategies that both help judges understand the fundamental conflict at the heart of interpretation whenever it arises and work around the limits it inevitably creates.

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