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

The fundamental fact about our Constitution is that it is old -- the oldest written constitution in...
CHF 39.53
CHF 39.53
SKU: 9780190945664
Product Type: Books
Please hurry! Only 408 left in stock
Author: Lawrence Lessig
Format: Hardcover
Language: English
Subtotal: CHF 39.53
10 customers are viewing this product
Fidelity & Constraint: How the Supreme Court Has Read the American Constitution by Lessig, Lawrence

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

CHF 39.53

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

CHF 39.53
Author: Lawrence Lessig
Format: Hardcover
Language: English
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.


Author: Lawrence Lessig
Publisher: Oxford University Press, USA
Published: 05/01/2019
Pages: 600
Binding Type: Hardcover
Weight: 2.25lbs
Size: 9.40h x 6.40w x 1.40d
ISBN: 9780190945664

About the Author

Lawrence Lessig is Roy L. Furman Professor of Law and Leadership at Harvard Law School. He is the author of many books, including Code 2.0, Free Culture, Remix, and Republic, Lost, and most recently, America, Compromised.

Returns Policy

You may return most new, unopened items within 30 days of delivery for a full refund. We'll also pay the return shipping costs if the return is a result of our error (you received an incorrect or defective item, etc.).

You should expect to receive your refund within four weeks of giving your package to the return shipper, however, in many cases you will receive a refund more quickly. This time period includes the transit time for us to receive your return from the shipper (5 to 10 business days), the time it takes us to process your return once we receive it (3 to 5 business days), and the time it takes your bank to process our refund request (5 to 10 business days).

If you need to return an item, simply login to your account, view the order using the "Complete Orders" link under the My Account menu and click the Return Item(s) button. We'll notify you via e-mail of your refund once we've received and processed the returned item.

Shipping

We can ship to virtually any address in the world. Note that there are restrictions on some products, and some products cannot be shipped to international destinations.

When you place an order, we will estimate shipping and delivery dates for you based on the availability of your items and the shipping options you choose. Depending on the shipping provider you choose, shipping date estimates may appear on the shipping quotes page.

Please also note that the shipping rates for many items we sell are weight-based. The weight of any such item can be found on its detail page. To reflect the policies of the shipping companies we use, all weights will be rounded up to the next full pound.

Related Products

Recently Viewed Products