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Desperately Seeking Certainty : The Misguided Quest for Constitutional Foundations - Daniel A. Farber

Desperately Seeking Certainty

The Misguided Quest for Constitutional Foundations

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Irreverent, provocative, and engaging, Desperately Seeking Certainty attacks the current legal vogue for grand unified theories of constitutional interpretation. On both the Right and the Left, prominent legal scholars are attempting to build all of constitutional law from a single foundational idea. Dan Farber and Suzanna Sherry find that in the end no single, all-encompassing theory can successfully guide judges or provide definitive or even sensible answers to every constitutional question. Their book brilliantly reveals how problematic foundationalism is and shows how the pragmatic, multifaceted common law methods already used by the Court provide a far better means of reaching sound decisions and controlling judicial discretion than do any of the grand theories.

Preface
Of Law and Latkes
In the Beginning: Robert Bork and Other Originalists
The Formalist Crusade of Antonin Scalia
Richard Epstein and the Incredible Shrinking Government
Akhil Amar and the People's Court
Bruce Ackerman's Magic Amendment Machine
Ronald Dworkin and the City on the Hill
Dethroning Grand Theory
Appendix
Notes
Index
Table of Contents provided by Publisher. All Rights Reserved.

ISBN: 9780226238098
ISBN-10: 0226238091
Series: Late Medieval and Early Renaissance Music in Facsimile
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 208
Published: 1st May 2002
Country of Publication: US
Dimensions (cm): 21.2 x 15.4  x 1.27
Weight (kg): 0.6
Edition Number: 2