The fundamental thesis of Constitutional Law as Fiction is that in writing the opinion that explains a judgment, a judge not only analyzes and organizes precedent and makes and defends policy or value judgments, but he or she also tells a story, much as a historian does. Like a history, this story has the appearance of simple truth, but, in fact, of necessity, it is a "fiction" as well--not in the sense of a lie or fairy tale, but in the sense of a constructed meaning. Strangely enough, these fictions persuade those who ...
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The fundamental thesis of Constitutional Law as Fiction is that in writing the opinion that explains a judgment, a judge not only analyzes and organizes precedent and makes and defends policy or value judgments, but he or she also tells a story, much as a historian does. Like a history, this story has the appearance of simple truth, but, in fact, of necessity, it is a "fiction" as well--not in the sense of a lie or fairy tale, but in the sense of a constructed meaning. Strangely enough, these fictions persuade those who read them and those who write them, and without this persuasion, the law would lose much of its authority. L. H. LaRue examines several critical Supreme Court cases, including Everson v. Board of Education and Marbury v. Madison , and specifically examines the rhetorical techniques of Chief Justice John Marshall. In analyzing the construction of meaning in the rhetoric of the law, LaRue ultimately contends that judges must not abandon the "fictions" in their judgments; they must strive to improve them.
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Used Good. Front and back covers have light wear to edges and corners. Spine intact, some wear. Binding is intact. Pages are generally clean with minor edge or corner wear. Clearly a pre-owned and used copy but still in readable condition. Firefly Bookstore sells items online and in our store front. We try to add images and descriptions when we can, but if you need additional information or photos of the books we list, please contact us.
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Very Good with no dust jacket. 0271014067. Some spotting to covers, inscription; otherwise text clean and solid; no dust jacket; 0.73 x 9.3 x 6.28 Inches; 158 pages.
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Good. Clean softcover with sold binding 1st chapter of text has pen underlines and margin annotations. rest of book is clean FAST SHIPPING W/ CONFIRMATION. NO PRIORITY OR INTERNATIONAL ORDERS OVER 4LBs.
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Fine. Trade paperback (US). Glued binding. 168 p. In Stock. 100% Money Back Guarantee. Brand New, Perfect Condition, allow 4-14 business days for standard shipping. To Alaska, Hawaii, U.S. protectorate, P.O. box, and APO/FPO addresses allow 4-28 business days for Standard shipping. No expedited shipping. All orders placed with expedited shipping will be cancelled. Over 3, 000, 000 happy customers.
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Fine. Trade paperback (US). Glued binding. 168 p. In Stock. 100% Money Back Guarantee. Brand New, Perfect Condition, allow 4-14 business days for standard shipping. To Alaska, Hawaii, U.S. protectorate, P.O. box, and APO/FPO addresses allow 4-28 business days for Standard shipping. No expedited shipping. All orders placed with expedited shipping will be cancelled. Over 3, 000, 000 happy customers.