The Law as it Could Be / / Owen Fiss.

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...

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Bibliographic Details
Superior document:Title is part of eBook package: De Gruyter New York University Press Backlist eBook-Package 2000-2013
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Place / Publishing House:New York, NY : : New York University Press, , [2003]
©2003
Year of Publication:2003
Language:English
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Physical Description:1 online resource
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Table of Contents:
  • Frontmatter
  • Contents
  • Preface
  • 1 The Forms of Justice
  • 2 The Social and Political Foundations of Adjudication
  • 3 The Right Degree of Independence
  • 4 The Bureaucratization of the Judiciary
  • 5 Against Settlement
  • 6 The Allure of Individualism
  • 7 The Political Theory of the Class Action
  • 8 The Awkwardness of the Criminal Law
  • 9 Objectivity and Interpretation
  • 10 Judging as a Practice
  • 11 The Death of Law
  • 12 Reason vs. Passion
  • 13 The Irrepressibility of Reason
  • 14 Bush v. Gore and the Question of Legitimacy
  • Afterword
  • Notes
  • Index
  • Acknowledgments
  • About the Author