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The New Procedure

By Owen M Fiss


Rights are not premises, but conclusions. They emerge through a process of trying to give concrete meaning and expression to the values embodied in an authoritative legal text. The Constitution is the great public text of modern America, and adjudication is the preeminent though perhaps not the exclusive - process by which the values embodied in that text are given meaning. Adjudication is an interpretive process through which rights are created and enforced

Topics: Law
Publisher: Yale Law School Legal Scholarship Repository
Year: 1985
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