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Desperately Seeking Certainty
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Desperately Seeking Certainty: The Misguided Quest for Constitutional Foundations

Daniel A. Farber and Suzanna Sherry

Abstract

This book 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. The book finds that in the end no single, all-encompassing theory can successfully guide judges or provide definitive or even sensible answers to every constitutional question. This book 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 s ... More

Keywords: grand unified theories, constitutional interpretation, constitutional questions, foundationalism, judicial discretion

Bibliographic Information

Print publication date: 2002 Print ISBN-13: 9780226238081
Published to Chicago Scholarship Online: March 2013 DOI:10.7208/chicago/9780226238104.001.0001

Authors

Affiliations are at time of print publication.

Daniel A. Farber, author

Suzanna Sherry, author