Historicism, Originalism and the Constitution

The Use and Abuse of the Past in American Jurisprudence

Nonfiction, History, Americas, United States
Cover of the book Historicism, Originalism and the Constitution by Patrick J. Charles, McFarland & Company, Inc., Publishers
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Author: Patrick J. Charles ISBN: 9781476615158
Publisher: McFarland & Company, Inc., Publishers Publication: April 22, 2014
Imprint: Language: English
Author: Patrick J. Charles
ISBN: 9781476615158
Publisher: McFarland & Company, Inc., Publishers
Publication: April 22, 2014
Imprint:
Language: English

The use of history in law is a time honored tradition. Over the years the practice has assumed many forms, including historicism, intentionalism, interpretivist history, law office history, historical narrative, originalism, etc. This book picks up where past commentators have left off. The different historically based approaches to adjudicating constitutional questions are weighed and considered, particularly originalism, and asserts that history in law is legitimate only if it leads to accurate results. The book then purposes an approach to accomplish the objectives of historical accuracy and objectivity, and therefore legitimacy.

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The use of history in law is a time honored tradition. Over the years the practice has assumed many forms, including historicism, intentionalism, interpretivist history, law office history, historical narrative, originalism, etc. This book picks up where past commentators have left off. The different historically based approaches to adjudicating constitutional questions are weighed and considered, particularly originalism, and asserts that history in law is legitimate only if it leads to accurate results. The book then purposes an approach to accomplish the objectives of historical accuracy and objectivity, and therefore legitimacy.

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