Common Law and Liberal Theory: Coke, Hobbes and the Origins of American Constitutionalism (Paperback)
  • Common Law and Liberal Theory: Coke, Hobbes and the Origins of American Constitutionalism (Paperback)
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Common Law and Liberal Theory: Coke, Hobbes and the Origins of American Constitutionalism (Paperback)

(author)
£26.95
Paperback 276 Pages / Published: 30/07/1992
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This work suggests that American constitutionalism is the product of a combination of two opposing schools of thought: the English common-law tradition as exemplified by the work of Edward Coke and early liberal political philosophy as seen in the work of Thomas Hobbes. Stoner addresses the question of what we expect of judges in a political system that rests on popular sovereignty and a legal order committed to the idea of fundamental law.

Publisher: University Press of Kansas
ISBN: 9780700606306
Number of pages: 276
Weight: 449 g
Dimensions: 229 x 152 x 18 mm


MEDIA REVIEWS
"Forceful and wise. Stoner suggests that American constitutionalism is the product of a strange mixture of two opposing schools of thought: the English common law tradition as exemplified by the work of Edward Coke and early liberal political philosophy as seen in the work of Thomas Hobbes. His argument is powerful and convincing."--Journal of American History

"Stoner effectively addresses the badly neglected question of what we expect of judges in a political system that rests on popular sovereignty and a legal order committed to the idea of fundamental law. This is a welcome addition to the literature that offers a fresh perspective, for we have something to learn about the beginnings of judicial review by seeing it within the common law tradition."--American Political Science Review

"The origin, nature, and validity of judicial review in American politics have for years been debated not only in modern political science but in legal scholarship as well as judicial politics. With this book, Stoner moves the debate to a new, and indeed higher, plane. . . . It's a stunning achievement."--Journal of Politics


"This book is based on impressively wide and deep erudition. The style is lucid and graceful, often witty. . . . [It] will stir reconsideration of a neglected and important dimension of the history of modern political thought and the intellectual background to the American Constitution."--Thomas Pangle, author of The Spirit of Modern Republicanism: The Moral Vision of the American Founders and the Philosophy of Locke

"Stoner has a breathtaking grasp of the powerful thinkers whose works he surveys, and a sharp focus of his own which pulls the material together. . . . A major contribution to several ongoing debates in academic circles. This is 'a whale of a book' (pun intended)."--Robert Lowry Clinton, author of Marbury v. Madison and Judicial Review

"Stoner has immersed himself in the thought and practice of the common law and in early liberal political thought, and he opens new vistas for modern readers on each of them and on the sometimes fruitful tension between them. This is an invaluable book for those who wish to understand these essential elements of the very foundation of our Constitution and polity."--Christopher Wolfe, author of The Rise of Modern Judicial Review: From Constitutional Interpretation to Judge-Made Law

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