rdf-syntax-grammar
mods:
  schema location: http://www.loc.gov/mods/v3 http://www.loc.gov/standards/mods/v3/mods-3-2.xsd
  title info:
    title: Law and legitimacy in the Supreme Court
  name:
    name part: Fallon, Richard H.
    name part: Jr
    name part: 1952-
    role:
      role term: creator
    role:
      role term: author.
  type of resource: text
  genre: bibliography
  origin info:
    place:
      place term: mau
    date issued: 2018
    copyright date: 2018
    issuance: monographic
  language:
    language term: eng
  physical description:
    form: print
    extent: xii, 221 pages ; 25 cm.
  abstract: 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.
  table of contents: Introduction -- Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Law in the Supreme Court : constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow.
  note: Richard H. Fallon, Jr.
  note: Includes bibliographical references and index.
  subject:
    geographic code: n-us---
  subject:
    name:
      name part: United States.
      name part: Supreme Court.
  subject:
    topic: Political questions and judicial power
    geographic: United States
  subject:
    topic: Judicial process
    geographic: United States
  subject:
    topic: Constitutional law
    geographic: United States
  subject:
    topic: Cynical realism (Law)
  classification: KF8748 .F284 2018
  classification: 342.73
  identifier: 9780674975811
  identifier: 0674975812
  identifier: 2017032270
  record info:
    record content source: DLC
    record creation date: 170926
    record change date: 20180501102938.0
    record identifier: in00003941131