Title
Fidelity & Constraint: How The Supreme Court Has Read The American Constitution,Used
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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.
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Warranty
We provide a 2-year limited warranty, from the date of purchase for all our products.
If you believe you have received a defective product, or are experiencing any problems with your product, please contact us.
This warranty strictly does not cover damages that arose from negligence, misuse, wear and tear, or not in accordance with product instructions (dropping the product, etc.).
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Frequently Asked Questions
- Q: What is the primary focus of 'Fidelity & Constraint' by Lawrence Lessig? A: The book primarily focuses on how the Supreme Court interprets the American Constitution over time, emphasizing the process of translation and the evolving role of judges.
- Q: What are the main themes discussed in this book? A: Main themes include interpretive fidelity, fidelity to role, and how judges' understanding and translation of the Constitution change with each era.
- Q: Who is the author of 'Fidelity & Constraint'? A: The author is Lawrence Lessig, a prominent legal scholar known for his insights on constitutional law and theory.
- Q: When was 'Fidelity & Constraint' published? A: The book was published on May 1, 2019.
- Q: What is the format of the book? A: The book is available in hardcover format.
- Q: How many pages does 'Fidelity & Constraint' contain? A: The book contains 600 pages.
- Q: What category does this book fall under? A: It falls under the category of Federal Jurisdiction.
- Q: Is the book suitable for someone new to constitutional law? A: Yes, it is suitable for both newcomers and those familiar with constitutional law, as it discusses fundamental concepts and theories.
- Q: What makes this book a significant contribution to legal literature? A: It is significant for its exploration of the challenges in constitutional interpretation and the role of judges, providing valuable insights into the evolution of legal thought.
- Q: Can you summarize the author's argument regarding the translation process? A: Lessig argues that the process of translation in interpreting the Constitution evolves over time, influencing how judges approach their roles and the legitimacy of different interpretive methods.