Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-g8jcs Total loading time: 0 Render date: 2024-11-23T05:25:19.116Z Has data issue: false hasContentIssue false

Conclusion

Constitutional Law as Problem Solving

Published online by Cambridge University Press:  05 May 2022

H. Jefferson Powell
Affiliation:
Duke University, North Carolina
Get access

Summary

Why should we play the game according to the rules? The central purpose of this book has been to describe the practice of constitutional law, not to justify or critique it. The focus has been entirely on what constitutional lawyers and judges actually do in attempting to solve constitutional law problems. I have simply assumed that what I am describing is what constitutional lawyers and judges ought to do. Most of the time, indeed, there is no need to go further. Lawyers are practical people with problems to solve and questions to answer, and as a practical matter lawyers with a constitutional problem that needs to be solved through law “ought” to engage in the practice I have described because if the lawyers don’t, whatever they say will not be recognizable as a legal argument.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Conclusion
  • H. Jefferson Powell, Duke University, North Carolina
  • Book: The Practice of American Constitutional Law
  • Online publication: 05 May 2022
  • Chapter DOI: https://doi.org/10.1017/9781009158855.008
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Conclusion
  • H. Jefferson Powell, Duke University, North Carolina
  • Book: The Practice of American Constitutional Law
  • Online publication: 05 May 2022
  • Chapter DOI: https://doi.org/10.1017/9781009158855.008
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Conclusion
  • H. Jefferson Powell, Duke University, North Carolina
  • Book: The Practice of American Constitutional Law
  • Online publication: 05 May 2022
  • Chapter DOI: https://doi.org/10.1017/9781009158855.008
Available formats
×