Frontmatter -- Contents -- Preface -- Acknowledgments -- 1. Political Thought and Historical Problematics -- 2. Historical Transformations and Legal Legacies -- 3. Juries and American Revolutionary Jurisprudence -- 4. Locating the 'Voice of the People' -- 5. Law in the Context of Continuous Revolution -- 6. The Politics of Judicial Space -- 7. Government by Discussion: Continuing Debate over Judicial Space -- Notes -- Bibliography -- Index
Summary
In 1773 John Adams observed that one source of tension in the debate between England and the colonies could be traced to the different conceptions each side had of the terms ""legally"" and ""constitutionally""--Different conceptions that were, as Shannon Stimson here demonstrates, symptomatic of deeper jurisprudential, political, and even epistemological differences between the two governmental outlooks. This study of the political and legal thought of the American revolution and founding period explores the differences between late eighteenth-century British and American perceptions of th