• Sign In
  • Help
  • My Basket0
Historicism, Originalism and the Constitution: The Use and Abuse of the Past in American Jurisprudence (Paperback)
  • Historicism, Originalism and the Constitution: The Use and Abuse of the Past in American Jurisprudence (Paperback)
zoom

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

(author)
£46.50
Paperback 272 Pages / Published: 30/04/2014
  • We can order this

Usually despatched within 2 weeks

  • This item has been added to your basket

Check Marketplace availability

The use of history in law is a time honoured tradition. Over the years the practise has assumed many forms to include historicism, intentionalism, interpretivist history, law office history, historical narrative and originalism. History, Originalism, and the Constitution picks up where past commentators have left off in this time honoured debate. The book weighs and considers the different historically based approaches to adjudicating constitutional questions, particularly originalism and asserts that history in law is only legitimate if it leads to accurate results. History, Originalism, and the Constitution then proposes an approach to accomplish the objectives of historical accuracy, objectivity and therefore legitimacy. Known as the historical guidepost approach, it respects historical methodologies, places text and events in total historical context, is honest about what the evidentiary record does and does not provide, mitigates judicial mythmaking and applies history as more of a guide to legal reasoning than a strict outcome determinative tool.

Publisher: McFarland & Co Inc
ISBN: 9780786479313
Number of pages: 272
Weight: 363 g
Dimensions: 229 x 152 x 20 mm

You may also be interested in...

Constitutional Law
Added to basket
Constitutional Law
Added to basket
£82.00
Paperback
Immigration and Citizenship Law
Added to basket
Human Rights and Scots Law
Added to basket
Administrative Law
Added to basket
Just Law
Added to basket
£10.99
Paperback
The Art of the Advocate
Added to basket
The English Constitution
Added to basket
Human Rights Law in Scotland
Added to basket
Eve Was Framed
Added to basket
£10.99
Paperback
Constitutional and Administrative Law MyLawChamber pack
Added to basket
Complete Public Law
Added to basket
£35.99
Paperback

Reviews

Please sign in to write a review

Your review has been submitted successfully.