The New Procedure, 54 Revista Juridica de la Universidad de Puerto Rico 209 (1985)
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.
Date of Authorship for this Version
Fiss, Owen M., "The New Procedure" (1985). Faculty Scholarship Series. Paper 1213.