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E-book
Author Parker, Kunal Madhukar, 1968-

Title Common law, history, and democracy in America, 1790-1900 : legal thought before modernism / Kunal M. Parker
Published Cambridge ; New York : Cambridge University Press, 2011
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Description 1 online resource (xi, 305 pages)
Series Cambridge historical studies in American law and society
Cambridge historical studies in American law and society.
Contents The creation of times: custom and history in the British background -- Time as consent: common law thought after the American Revolution -- Time as spirit: common law thought in the early nineteenth century -- Time as law: common law thought in the mid-nineteenth century -- Time as life: common law thought in the late nineteenth century
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
Bibliography Includes bibliographical references and index
Notes Master and use copy. Digital master created according to Benchmark for Faithful Digital Reproductions of Monographs and Serials, Version 1. Digital Library Federation, December 2002. http://purl.oclc.org/DLF/benchrepro0212 MiAaHDL
Print version record
digitized 2020. HathiTrust Digital Library committed to preserve pda MiAaHDL
Subject Common law -- United States -- History
Justice, Administration of -- History.
Progressivism (United States politics) -- History
LAW -- Common.
Common law
Justice, Administration of
Politics and government
Progressivism (United States politics)
Common law
Politisches System
Common law.
Justizverwaltung.
Progressismus.
Demokratie.
SUBJECT United States -- Politics and government -- 19th century. http://id.loc.gov/authorities/subjects/sh85140422
Subject United States
USA
USA.
Genre/Form History
Form Electronic book
ISBN 9780511993268
0511993269
9780511973963
0511973969
9781107614352
110761435X