Taming the Past: Essays on Law in History and History in Law

ISBN-13: 9781107193239 / Angielski / Twarda / 2017 / 444 str.

Robert W. Gordon

Opis

A critical catalogue of how lawyers use history - as authority, as evocation of lost golden ages, as a nightmare to escape and as progress towards enlightenment.

Recenzje

'In this collection of his writings over a forty-year career, Gordon argues that lawyers and judges often make arguments based on history - on the authority of precedent and original constitutional understandings - both to preserve the inspirational, heroic past and to discard its darker pieces.' Howard S. Erlanger, Law & Social Inquiry

Spis treści

Introduction; Part I. The Common Law Tradition in Legal Historiography: 1. The common law tradition in American legal historiography; 2. Holmes' common law as legal and social science; Part II. Legal Historians: 3. James Willard Hurst, against the common law tradition - social-legal history's pioneer; 4. Hurst recaptured; 5. Morton Horwitz and his critics: a conflict of narratives; 6. The elusive transformation; 7. Method and politics: Horwitz on lawyers' uses of history; 8. E. P. Thompson's legacies; 9. Owen Fiss, the constitution of liberal order at the 'Troubled Beginnings of the Modern State'; Part III. History and Historicism in Legal History and Argument: 10. Historicism in legal scholarship; 11. Critical legal histories; 12. The past as authority and social critic; 13. Taming the past: three lectures on history in legal argument; 14. Originalism and nostalgic traditionalism; 15. Undoing historical injustice.