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

Legal Thought before Modernism

Nonfiction, History, Americas, United States, 19th Century, Reference & Language, Law
Cover of the book Common Law, History, and Democracy in America, 1790–1900 by Kunal M. Parker, Cambridge University Press
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Kunal M. Parker ISBN: 9780511994456
Publisher: Cambridge University Press Publication: March 14, 2011
Imprint: Cambridge University Press Language: English
Author: Kunal M. Parker
ISBN: 9780511994456
Publisher: Cambridge University Press
Publication: March 14, 2011
Imprint: Cambridge University Press
Language: English

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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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.

More books from Cambridge University Press

Cover of the book Symplectic Topology and Floer Homology: Volume 2, Floer Homology and its Applications by Kunal M. Parker
Cover of the book Democracy Distorted by Kunal M. Parker
Cover of the book The International Dimension of EU Competition Law and Policy by Kunal M. Parker
Cover of the book Calculated Risks by Kunal M. Parker
Cover of the book The Law, Economics and Politics of International Standardisation by Kunal M. Parker
Cover of the book Atlas of Forensic Histopathology by Kunal M. Parker
Cover of the book Justice in Asia and the Pacific Region, 1945–1952 by Kunal M. Parker
Cover of the book Moderate and Deep Sedation in Clinical Practice by Kunal M. Parker
Cover of the book Theory of International Trade by Kunal M. Parker
Cover of the book A Concise History of Mexico by Kunal M. Parker
Cover of the book The New Economics of Inequality and Redistribution by Kunal M. Parker
Cover of the book The Analytics of Uncertainty and Information by Kunal M. Parker
Cover of the book Empires and Bureaucracy in World History by Kunal M. Parker
Cover of the book Recent Advances in Hodge Theory by Kunal M. Parker
Cover of the book SBA and MTF MCQs for the Primary FRCA by Kunal M. Parker
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy