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Constitutional Fictions: A Unified Theory of Constitutional Facts by David L. Faigman

Constitutional Fictions: A Unified Theory of Constitutional Facts

by David L. Faigman
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Book cover type: Hardcover
  • ISBN13: 9780195341270
  • Binding: Hardcover
  • Subject: N/A
  • Publisher: Oxford University Press, USA
  • Publisher Imprint: Oxford University Press, USA
  • Publication Date:
  • Pages: 230
  • Original Price: GBP 65.0
  • Language: English
  • Edition: N/A
  • Item Weight: 499 grams
  • BISAC Subject(s): Constitutional

David Faigman's Constitutional Fictions is the first book-length examination of the role of fact-finding in constitutional cases. Because the role of facts is central to the day-to-day realities of constitutional law, Faigman provides an extraordinarily important analysis of a subject that has been largely ignored by constitutional scholars. To show how contemporary facts play into constitutional analysis, Faigman examines some of the most controversial subjects of the late twentieth century, including physician-assisted suicide, abortion, sexual predators, free speech, and privacy.

The Constitution is popularly thought of as a static document that embodies fundamental values and foundational principles of governance. However, the values and principles that the Constitution embodies must be applied to the circumstances and challenges of changing times. Constitutional Fictions explains how contemporary facts should be incorporated into constitutional decisions, thus allowing the Constitution to endure for the ages.

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