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Common law, history, and democracy in America, 1790-1900 : legal thought before modernism / Kunal M. Parker.

بواسطة:نوع المادة : نصنصالسلاسل:Cambridge historical studies in American law and society | Cambridge historical studies in American law and societyالناشر:New York : Cambridge University Press, 2011وصف:xi, 305 pages ; 24 cmنوع المحتوى:
  • text
نوع الوسائط:
  • unmediated
نوع الناقل:
  • volume
تدمك:
  • 9780521519953 (hbk)
  • 0521519950 (hbk)
الموضوع:تصنيف مكتبة الكونجرس:
  • KF395 P37 2011
المحتويات:
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.
ملخص:"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"--Provided by publisher.ملخص:"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"--Provided by publisher.
المقتنيات
نوع المادة المكتبة الحالية رقم الطلب رقم النسخة حالة تاريخ الإستحقاق الباركود
كتاب كتاب UAE Federation Library | مكتبة اتحاد الإمارات General Collection | المجموعات العامة KF395 P37 2011 (إستعراض الرف(يفتح أدناه)) C.1 Library Use Only | داخل المكتبة فقط 30010000402290
كتاب كتاب UAE Federation Library | مكتبة اتحاد الإمارات General Collection | المجموعات العامة KF395 P37 2011 (إستعراض الرف(يفتح أدناه)) C.2 المتاح 30010000402289

Includes bibliographical references and index.

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.

"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"--Provided by publisher.

"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"--Provided by publisher.

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