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

ISBN-13: 9780521519953 / Angielski / Twarda / 2011 / 318 str.

Kunal Madhukar Parker

Opis

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."

Recenzje

'This book is an important contribution and a considerable achievement.' Polly J. Price, The Journal of American History

Spis treści

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.