- Publisher: Cambridge University Press
- Online publication date: May 2011
- Print publication year: 2011
- Online ISBN: 9780511973963
- DOI: https://doi.org/10.1017/CBO9780511973963
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.
Robert Gordon - Yale Law School
Dorothy Ross - Arthur O. Lovejoy Professor Emerita of History, Johns Hopkins University
Peter Charles Hoffer Source: The American Historical Review
Source: Law and Social Inquiry
Alfred Brophy Source: translated from Zeitschrift der Savigny-Stiftung für Rechtsgeschichte
Penelope Pether Source: Law & Literature
Jery B. Payne Source: Review of Legal Resources
Jonathan Silberstein-Loeb Source: The Journal of the Historical Association
Polly J. Price Source: The Journal of American History
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