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  • Open Daily: 10am - 10pm
    Alley-side Pickup: 10am - 7pm

    3038 Hennepin Ave Minneapolis, MN
    612-822-4611

Open Daily: 10am - 10pm | Alley-side Pickup: 10am - 7pm
3038 Hennepin Ave Minneapolis, MN
612-822-4611
Common Law, History, and Democracy in America, 1790-1900: Legal Thought Before Modernism

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

Parker, Kunal Madhukar

Hardcover

Series: Cambridge Historical Studies in American Law and Society

19th Century United States HistoryGeneral Law

ISBN10: 0521519950
ISBN13: 9780521519953
Publisher: Cambridge University Press
Published: Mar 14 2011
Pages: 318
Weight: 1.40
Height: 1.00 Width: 6.20 Depth: 9.10
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.

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