9 - The Constitution of Liberal Order at the Troubled Beginnings of the Modern State*

Summary

[This essay began as a contribution to a Symposium at the University of Miami Law School, March 21–22, 2003, organized to honor Professor Owen Fiss of Yale Law School. The piece uses Fiss’s history of the U.S. Supreme Court under Chief Justice Melville Weston Fuller (1888–1910) as a vehicle to explore the legal order of the era and to question whether that order deserves the privileged status it enjoys in modern conservative legal thought. The essay as it appears here is slightly revised from the version originally published in 58 U. Miami L. Rev. 373 (2003).]