Fidelity & Constraint: How the Supreme Court Has Read the American Constitution
Regular price
$27.45 USD
Regular price
$45.75 USD
Sale price
$27.45 USD
Unit price
per
You save $18.30 USD (40%)
In stock — Ships within 1–2 business days
Format
Print Book
Currently viewing
Hardcover
$27.45 USD
$45.75 USD
Secure CheckoutYour data is protected
Fast U.S. ShippingShips within 1–2 business days
Authentic Titles100% Genuine Books
Book Overview The fundamental fact about our Constitution is that it is old -- the oldest written constitution in the world. The fundamental challenge ...
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.
Book Details Format: Hardcover | Pages: 581 | Language: English | Publisher: OXFORD UNIV PR | ISBN: 0190945664
FormatHardcover
Pages581
LanguageEnglish
ISBN0190945664
EAN9780190945664
PublisherOXFORD UNIV PR
Publication Date1970-01-01
EditionIllustrated
AccessoriesNo Accessory
ConditionNew
Product TypeHARD COVER BOOKS
Weight2.25 Pounds
Length9.4 Inches
Width6.4 Inches
Height1.4 Inches
Shipping & Returns Fast, reliable shipping and easy returns on eligible items.
Most orders ship within 1–2 business days with fast, reliable U.S. delivery.
Eligible items can be returned within 30 days in line with our store return policy.
Why shop with AlbakiReads
Fresh Inventory from Major Publishers
Sourced through trusted book distributors, with fresh titles added regularly.
Secure Checkout
Your payment information is encrypted and protected every step of the way.
Fast U.S. Shipping
Most orders ship within 1–2 business days.
Books for Every Kind of Reader
From page-turners to timeless classics—find your next favorite read.
