About the book
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.
Editions of The Law as it Could Be
- Paperback
- ISBN 9780814727263
- AltFormat
- ISBN 9780814727256
Read an Excerpt
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.
Frequently Asked Questions
What is The Law as it Could Be about?
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.
What core themes, tropes, or subjects are explored in The Law as it Could Be?
Law > Laws of specific jurisdictions and specific areas of law > Legal systems: general > Legal systems: courts and procedures
Where can I read a sample of The Law as it Could Be?
You can read an official preview of the few pages here https://www.book2look.com/book/9780814727263
How long is The Law as it Could Be and how many pages does it have?
The Law as it Could Be has 287 page(s)
Who is/are the Author/s of the book The Law as it Could Be?
Owen Fiss
Who is the Publisher of the book The Law as it Could Be?
NYU Press
What are the ISBN numbers for the physical and digital editions?
The Law as it Could Be is available as paperback(ISBN 9780814727263) and altformat(ISBN 9780814727256)
Where can I buy The Law as it Could Be online or support local independent bookshops?
You can buy The Law as it Could Be from below
Where can I buy The Law as it Could Be?