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Misreading law, misreading democracy

Misreading law, misreading democracy

Victoria F. Nourse

About this book

"Hating Congress but loving Democracy is a national passion. For those who apply law, whether lawyers or judges, it is an oxymoronic luxury neither can afford. One of the dirty secrets of the legal academy is that it teaches almost nothing to lawyers about how law is made in Congress. The results of this ignorance can be perverse and anti-democratic. No lawyer would confuse a dissenting judicial opinion with a majority opinion, but somehow lawyers and judges in famous cases have unwittingly confused the meanings of legislative losers and winners. For those lawyers and judges who have declared that reverting to Congress's records is shameful and unconstitutional, this book provides a powerful antidote. Lawyers may hate Congress but Congress by another name is democracy, and without understanding how it works, lawyers will unwittingly find themselves participating in an interpretive endeavor that celebrates those who have lost over those who have won the legislative debate"--

Details

OL Work ID
OL20037470W

Subjects

StatutesLegislationUnited StatesUnited States. CongressLawLegislative historiesInterpretation and constructionLaw, united statesUnited states, congressLaw, interpretation and constructionStatues

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HardcoverOpen Library
Book data from Open Library. Cover images courtesy of Open Library.