Fidelity & Constraint by Lawrence Lessig

Fidelity & Constraint by Lawrence Lessig

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.

Lessig, Lawrence: -

Lawrence Lessig is the Roy L. Furman Professor of Law and Leadership at Harvard Law School, host of the podcast Another Way, founder of equalcitizens.us, and co-founder of Creative Commons. He clerked for Judge Richard Posner on the 7th Circuit Court of Appeals and Justice Antonin Scalia on the United States Supreme Court. Lessig has received numerous awards, including a Webby Life Time Achievement Award, the Free Software Foundation's Freedom Award, the Fastcase 50 Award, and he was named one of Scientific American's Top 50 Visionaries. He is a member of the American Academy of Arts and Sciences, and the American Philosophical Society, and the author of ten books, including Republic, Lost. He lives in Brookline, Massachusetts.

SKU	Nicht verfügbar
ISBN 13	9780190945664
ISBN 10	0190945664
Titel	Fidelity & Constraint
Autor	Lawrence Lessig
Buchzustand	Nicht verfügbar
Bindungsart	Hardback
Verlag	OUP India
Erscheinungsjahr	2019-05-01
Seitenanzahl	600
Hinweis auf dem Einband	Die Abbildung des Buches dient nur Illustrationszwecken, die tatsächliche Bindung, das Cover und die Auflage können sich davon unterscheiden.
Hinweis	Nicht verfügbar