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

"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 oth...

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Bibliographic Details
Main Author: Parker, Kunal Madhukar, 1968-
Format: Book
Language:English
Published: New York : Cambridge University Press, 2011
Series:Cambridge historical studies in American law and society
Subjects:
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001 660804773
003 OCoLC
005 20110510112738.0
008 100831s2011 nyu b 001 0 eng
010 |a 2010037104 
020 |a 9780521519953 (hardback) 
020 |a 0521519950 (hardback) 
040 |a DLC  |c DLC  |d YDX  |d UKM  |d YDXCP  |d BWX  |d CDX  |d COO  |d IBC 
042 |a pcc 
043 |a n-us--- 
049 |a VLAM 
050 0 0 |a KF395  |b .P37 2011 
100 1 |a Parker, Kunal Madhukar,  |d 1968- 
245 1 0 |a Common law, history, and democracy in America, 1790-1900 :  |b legal thought before modernism /  |c Kunal M. Parker 
260 |a New York :  |b Cambridge University Press,  |c 2011 
300 |a xi, 305 p. ;  |c 24 cm 
490 0 |a Cambridge historical studies in American law and society 
500 |a Machine generated contents note: 1. Introduction; 2. The creation of times: the common law and history: the British background; 3. Time as consent: common law thought after the American Revolution; 4. Time as spirit: common law thought in the early nineteenth century; 5. Time as law: common law thought in the mid nineteenth century; 6. Time as life: common law thought in the late nineteenth century; 7. Conclusion 
504 |a Includes bibliographical references and index 
505 0 |a 1. Introduction; 2. The creation of times: the common law and history in the British background; 3. Time as consent: common law thought after the American Revolution; 4. Time as spirit: common law thought in the early nineteenth century; 5. Time as law: common law thought in the mid nineteenth century; 6. Time as life: common law thought in the late nineteenth century; 7. Conclusion 
520 |a "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 
520 |a "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 
650 0 |a Common law  |z United States  |x History 
650 0 |a Justice, Administration of  |x History 
650 0 |a Progressivism (United States politics)  |x History 
651 0 |a United States  |x Politics and government  |y 19th century 
830 0 |a Cambridge historical studies in American law and society 
907 |a .b212435x 
998 |a secnd 
999 |c 97201 
852 |a Law Library  |b Second Floor  |h KF395 .P37 2011  |p 33940004076830