Open Daily: 10am - 10pm | Alley door pickup 10am - 7pm 3038 Hennepin Ave Minneapolis, MN
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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
Historicism, Originalism and the Constitution: The Use and Abuse of the Past in American Jurisprudence

Historicism, Originalism and the Constitution: The Use and Abuse of the Past in American Jurisprudence

Charles, Patrick J.

Paperback

General LawGeneral United States History

ISBN10: 0786479310
ISBN13: 9780786479313
Publisher: McFarland & Company
Published: May 2 2014
Pages: 272
Weight: 0.80
Height: 0.80 Width: 5.90 Depth: 8.90
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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