Description

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."
  • ISBN13: 9780521519953
  • Publisher: Cambridge University Press
  • Pubilcation Year: 2011
  • Format: Hardcover
  • Pages: 00305
Specifications
FormatPaperback
SeriesCambridge Historical Studies in American Law and Society
Publication DateApril 30, 2011
Pages305

Common Law, History, and Democracy in America, 1790-1900: Legal Thought Before Modernism

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