Twentieth-century physics revolutionized our understanding of the
physical world. Relativity theory replaced a view of the universe as
made up of isolated objects acting upon one another at a distance with a
model in which space itself was curved and changed by the presence and
movement of objects. Quantum physics undermined the confidence of
scientists in their ability to observe and understand a phenomenon
without fundamentally altering it in the process. Professor Tribe uses
these paradigm shifts in physics to illustrate the need for a revised
constitutional jurisprudence. He argues that judges and lawyers need to
recognize the profound impact that the law has in shaping the social
background. This background is too often taken as given. Judges, in
particular, cannot simply reach in and resolve disputes between
individuals without permanently altering the legal and social space. The
very act of judging alters the context and relationships being judged.
Professor Tribe concludes that, while perspectives resembling those of
modern physics have been integrated into some of the most important
constitutional cases decided during the twentieth century, the current
Supreme Court shows an unfortunate tendency toward relying too often on
visions of society and knowledge that have long been rejected as overly
formal and sterile.