Cover: Law and Legitimacy in the Supreme Court, from Harvard University PressCover: Law and Legitimacy in the Supreme Court in HARDCOVER

Law and Legitimacy in the Supreme Court

Add to Cart

Product Details

HARDCOVER

$41.00 • £32.95 • €37.00

ISBN 9780674975811

Publication Date: 02/19/2018

Text

240 pages

6-1/8 x 9-1/4 inches

Belknap Press

World

Why do self-proclaimed constitutional “originalists” so regularly reach decisions with a politically conservative valence? Do “living constitutionalists” claim a license to reach whatever results they prefer, without regard to the Constitution’s language and history? In confronting these questions, Richard H. Fallon reframes and ultimately transcends familiar debates about constitutional law, constitutional theory, and judicial legitimacy.

Drawing from ideas in legal scholarship, philosophy, and political science, Fallon presents a theory of judicial legitimacy based on an ideal of good faith in constitutional argumentation. Good faith demands that the Justices base their decisions only on legal arguments that they genuinely believe to be valid and are prepared to apply to similar future cases. Originalists are correct about this much. But good faith does not forbid the Justices to refine and adjust their interpretive theories in response to the novel challenges that new cases present. Fallon argues that theories of constitutional interpretation should be works in progress, not rigid formulas laid down in advance of the unforeseeable challenges that life and experience generate.

Law and Legitimacy in the Supreme Court offers theories of constitutional law and judicial legitimacy that accept many tenets of legal realism but reject its corrosive cynicism. Fallon’s account both illuminates current practice and prescribes urgently needed responses to a legitimacy crisis in which the Supreme Court is increasingly enmeshed.

Recent News

From Our Blog

Jacket: Virtue Politics: Soulcraft and Statecraft in Renaissance Italy, by James Hankins, from Harvard University Press

Q&A with James Hankins, author of Virtue Politics: Soulcraft and Statecraft in Renaissance Italy

With Virtue Politics, James Hankins has delivered a bold, revisionist account of the political thought of the Italian Renaissance—from Petrarch to Machiavelli—that reveals the all-important role of character in shaping society, both in citizens and in their leaders. We spoke to him about the importance of virtue to leadership in Renaissance Italy—and its relevance to our own time.

‘manifold glories of classical Greek and Latin’

The digital Loeb Classical Library (loebclassics.com) extends the founding mission of James Loeb with an interconnected, fully searchable, perpetually growing virtual library of all that is important in Greek and Latin literature.