Cloth $35.00 ISBN: 9780226238081 Published May 2002
Paper $26.00 ISBN: 9780226238098 Published May 2004
E-book $7.00 to $26.00 About E-books ISBN: 9780226238104 Published March 2004

Desperately Seeking Certainty

The Misguided Quest for Constitutional Foundations

Daniel A. Farber and Suzanna Sherry

Daniel A. Farber and Suzanna Sherry

219 pages | 6 x 9 | © 2002
Cloth $35.00 ISBN: 9780226238081 Published May 2002
Paper $26.00 ISBN: 9780226238098 Published May 2004
E-book $7.00 to $26.00 About E-books ISBN: 9780226238104 Published March 2004
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.
Contents
Preface
1. Of Law and Latkes
2. In the Beginning: Robert Bork and Other Originalists
3. The Formalist Crusade of Antonin Scalia
4. Richard Epstein and the Incredible Shrinking Government
5. Akhil Amar and the People's Court
6. Bruce Ackerman's Magic Amendment Machine
7. Ronald Dworkin and the City on the Hill
8. Dethroning Grand Theory
Appendix
Notes
Index
For more information, or to order this book, please visit http://www.press.uchicago.edu
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