ENGLISH

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

By Kunal M. Parker

Book information

Publisher
Cambridge University Press
Year
2011
ISBN
0521519950, 9780521519953
Google Books ID
we6DsU02F-kC
Language
english
Format
PDF
Filesize
867 kB (887511 bytes)
Series
Cambridge Historical Studies in American Law and Society
Edition
1
Pages
319\319
Orientation
yes
Scanned
no
Time added
2012-02-04 16:00:00

Description

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.

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