Common law, history, and democracy in America, 1790-1900 : legal thought before modernism

Resource Information

The work Common law, history, and democracy in America, 1790-1900 : legal thought before modernism represents a distinct intellectual or artistic creation found in Biddle Law Library - University of Pennsylvania Law School. This resource is a combination of several types including: Work, Language Material, Books.

Label

Common law, history, and democracy in America, 1790-1900 : legal thought before modernism

Title remainder

legal thought before modernism

Statement of responsibility

Kunal M. Parker

Creator

• Parker, Kunal Madhukar, 1968-
• Parker, Kunal Madhukar, 1968-

Subject

• Justice, Administration of -- History
• Progressivism (United States politics) -- History
• Progressivism (United States politics) -- History
• United States -- Politics and government -- 19th century
• United States -- Politics and government -- 19th century
• Common law -- United States -- History
• Justice, Administration of -- History

Language

eng

Summary

• "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

Member of

• Cambridge historical studies in American law and society

Cataloging source

DLC

Index

index present

Literary form

non fiction

Nature of contents

bibliography

Series statement

Cambridge historical studies in American law and society