Common Law, History, and Democracy in America, 1790-1900

Legal Thought before Modernism

AvKunal M. Parker

Inbunden, Engelska, 2011

Del i serien Cambridge Historical Studies in American Law and Society

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Häftad

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Beskrivning

This book argues for a change in our understanding of the relationships among law, politics and history. Since the turn of the nineteenth century, a certain anti-foundational conception of history has served to undermine law's foundations, such that we tend to think of law as nothing other than a species of politics. Thus viewed, the activity of unelected, common law judges appears to be an encroachment on the space of democracy. However, Kunal M. Parker shows that the world of the nineteenth century looked rather different. Democracy was itself constrained by a sense that history possessed a logic, meaning and direction that democracy could not contravene. In such a world, far from law being seen in opposition to democracy, it was possible to argue that law - specifically, the common law - did a better job than democracy of guiding America along history's path.

Produktinformation

Utgivningsdatum:2011-03-14
Mått:157 x 231 x 25 mm
Vikt:640 g
Format:Inbunden
Språk:Engelska
Serie:Cambridge Historical Studies in American Law and Society
Antal sidor:318
Förlag:Cambridge University Press
ISBN:9780521519953

Utforska kategorier

Amerikas historia inom Historia och arkeologi
Rättshistoria inom Juridik

Mer om författaren

Kunal M. Parker is Professor at the University of Miami School of Law. He was previously the James A. Thomas Distinguished Professor of Law at Cleveland State University and has held fellowships at New York University Law School, Cornell Law School, Queens University, Belfast, and the American Bar Foundation. Professor Parker has served on the editorial boards of PoLAR: Political and Legal Anthropology Review and Law and Social Inquiry. His writing focuses on the history and theory of immigration and citizenship law, the history of law in colonial India, US intellectual and legal history, and the philosophy of history.

Recensioner i media

'This is a wide-ranging and highly original treatment of law and history in nineteenth-century America. Parker incorporates into his story many new texts that have not been examined in this context before and re-examines familiar texts with a fresh eye and novel interpretations. Common Law, History, and Democracy in America, 1790–1900, is an illuminating and insightful work, offering an important contribution to the growing literature on historically and socially minded jurisprudence.' Robert Gordon, Yale Law School

Innehållsförteckning

1. Introduction; 2. The creation of times: the common law and history: the British background; 3. Time as consent: common law thought after the American Revolution; 4. Time as spirit: common law thought in the early nineteenth century; 5. Time as law: common law thought in the mid nineteenth century; 6. Time as life: common law thought in the late nineteenth century; 7. Conclusion.