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索引
001楼:The Rule of Rules Morality, Rules, and the Dilemmas of Law
002楼:Law and Philosophy Subversive of Democracy
003楼:Carl Schmitt: The End of Law: The End of Law
004楼:Aliens in Medieval Law: The Origins of Modern Citizenship
005楼:Forensic Evidence: Science and the Criminal Law
006楼:Comparative Law in a Global Context: The Legal Systems of Asia and Africa
007楼:Medieval Law and the Foundations of the State
008楼:Law and Morals (University of North Carolina Press, 1924, rev. ed. 1926)
009楼:A Short History of Roman Law
010楼:Law and the State: A Political Economy Approach
011楼:On the History of the Idea of Law
012楼:A Companion to Philosophy of Law and Legal Theory
013楼:The Problematics of Moral and Legal Theory
014楼:An Affair of State
015楼:Public Intellectuals
016楼:Awakening Monster: The Alien Tort Statute of 1789
017楼:Law and Economics
018楼:Prostitution, Sexuality, and the Law in Ancient Rome
019楼:The Constitution and the New Deal
020楼:The Road To Serfdom
021楼:The Lost World of Classical Legal Thought
022楼:The Nature of the Judicial Process
023楼:Criminal and Citizen in Modern Mexico
024楼:The Economics of Sin
025楼:The Nature of the Firm
026楼:Oxford Dictionary of Law
027楼:Antitrust Policy And Vertical Restraints
028楼:Awakening Monster: The Alien Tort Statute of 1789
029楼:Arbitrary and Capricious
030楼:Benchbook for U.S. District Court judges
031楼:Crime Scene Investigation: A Guide for Law Enforcement
032楼:Freedom of Expression
033楼:Handbook on Nuclear Law
034楼:Rethinking Rehabilitation
035楼:The Antitrust Laws
036楼:The Political Economy of Intellectual Property Law The Rule of Rules: Morality, Rules, and the Dilemmas of Law
Larry Alexander, Emily Sherwin
288 pages (August 2001)
Cloth - $59.95
ISBN 0-8223-2736-8
--------------------------------------------------------------------------------
Rules perform a moral function by restating moral principles in concrete terms, so as to reduce the uncertainty, error, and controversy that result when individuals follow their own unconstrained moral judgment. Although reason dictates that we must follow rules to avoid destructive error and controversy, rules—and hence laws—are imperfect, and reason also dictates that we ought not follow them when we believe they produce the wrong result in a particular case. In The Rule of Rules Larry Alexander and Emily Sherwin examine this dilemma.
Once the importance of this moral and practical conflict is acknowledged, the authors argue, authoritative rules become the central problems of jurisprudence. The inevitable gap between rules and background morality cannot be bridged, they claim, although many contemporary jurisprudential schools of thought are misguided attempts to do so. Alexander and Sherwin work through this dilemma, which lies at the heart of such ongoing jurisprudential controversies as how judges should reason in deciding cases, what effect should be given to legal precedent, and what status, if any, should be accorded to “legal principles.” In the end, their rigorous discussion sheds light on such topics as the nature of interpretation, the ancient dispute among legal theorists over natural law versus positivism, the obligation to obey law, constitutionalism, and the relation between law and coercion.
Those interested in jurisprudence, legal theory, and political philosophy will benefit from the edifying discussion in The Rule of Rules.
“Accessible to the non-specialist, the arguments found in The Rule of Rules are clearly made and well-illustrated with concrete examples. The authors address a large number of topics and take up controversial positions on most. This will make an important contribution to ongoing jurisprudential debates.”—Mark Tushnet, Georgetown University Law Center
“This book not only substantially advances our understanding of the nature of rules themselves, but is by some margin the best treatment there is of the relationship between rules and law. In an era in which context, flexibility, and discretion are often uncritically celebrated, this book throws down the gauntlet for a rule-based understanding of law. No one who is interested in the nature of legal reasoning and legal decision-making can afford to ignore this book, and no one who is skeptical about the importance of rules to law can avoid the challenges that Alexander and Sherwin present.”—Frederick Schauer, Harvard University
Larry Alexander is Warren Distinguished Professor of Law at the University of San Diego. Emily Sherwin is Professor of Law at the University of San Diego.
Table of Contents
Acknowledgments
Introduction
Part I. The Circumstances of Law
1. Disagreement, Uncertainty, and Authoritative Settlement
2. Settlement Requisites and the Nature of Authoritative Rules
3. Hierarchies of Rules
Part II. Acting Under Rules
4. The Problem of Rules
5. Interpretation of Rules
Part III. Issues of Legal Reasoning
6. Reasoning by Analogy
7. Reasoning in Light of Precedent
8. Reasoning from Legal Principles
Part IV. The Settlement Function and Jurisprudential Debates
9. Legal Positivism and Natural Law
10. Lex, Rules, and Some Miscellaneous Problems of Jurisprudence
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http://rapidshare.com/files/62269181/The_Rule_of_Rules_Morality__Rules__and_the_Dilemmas_of_Law.rar Law and Philosophy Subversive of Democracy
Syfers, James W.
Book synopsis
Law and Philosophy Subversive of Democracy explores certain bodies of law - as well as a deep-seated cultural-philosophical premise behind the law - that are subversive of democracy in the United States. James W. Syfers examines the basis of the opposition to the International Bill of Human Rights (IBHR) - the international legal foundation for democracy worldwide - in the same cultural-philosophical premise known as philosophic individualism.
About the author(s)/editor(s)
The Author: James W. Syfers received his Ph.D. from the University of Iowa in 1963. He is currently Professor of Philosophy at San Francisco State University, Director of the Center for the International Covenant on Civil and Political Rights, and a board member of the Meiklejohn Civil Liberties Institute, Berkeley, California.
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Carl Schmitt: The End of Law: The End of Law
William E. Scheuerman
Book Description
This is the first full-length study in English of twentieth-century Germany's most influential authoritarian right-wing political theorist, Carl Schmitt, that focuses on the central place of his attack on the liberal rule of law. This is also the first book in any language to devote substantial attention to Schmitt's subterranean influence on some of the most important voices in political thought (Joseph Schumpeter, Friedrich A. Hayek, and Hans Morgenthau) in the United States after 1945. Visit our website for sample chapters!
About the Author
William E. Scheuerman is associate professor of political science at the University of Minnesota and the author of "Between the Norm and the Exception: The Frankfurt School and The Rule of Law" (MIT) and "The Rule of Law Under Siege" (California).
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Aliens in Medieval Law: The Origins of Modern Citizenship
Keechang Kim
Review
"Kim's book...opens a new field and invites people to look at many new issues or revisit familiar ones." Speculum
"This book is in many respects admirable. Kim phrases his arguments very clearly. His analysis of the medieval beginnings of alien law is historically informed and sensitive. His comments on the difference between legal and historical thinking have relevance beyond the subject he treats here." Albion
"Keechang Kim's perspective makes an important contribution to an understanding of the position of aliens in English law." Law and History Review
Book Description
In this original reinterpretation of the legal status of foreigners in medieval England, Keechang Kim proposes a radically new understanding of the genesis of the modern legal regime and the important distinction between citizens and noncitizens. Making full use of medieval and early modern sources, the book examines how feudal legal arguments were transformed by the political theology of the Middle Ages to become the basis of the modern legal outlook. This innovative study will interest academics, lawyers, and students of legal history, immigration and minority issues.
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Forensic Evidence: Science and the Criminal Law
Terrence F. Kiely
Book Description
Forensic Evidence: Science and the Criminal Law is a comprehensive analysis that reviews the current interaction of the state and federal courts with the increasing number of scientific disciplines applied to investigation of criminal cases. Each chapter offers a complete overview and analysis of the scientific and legal aspects of the relevant science, relating the court's latest positions on ballistics, blood analysis, forensic anthropology, and other scientific applications.
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Comparative Law in a Global Context: The Legal Systems of Asia and Africa
Werner F. Menski
Review
"This is a sprawling, engaged and engaging study in comparative jurisprudence. It provides, as the title indicates, an extended comparative study of the legal systems that function in Africa and Asia, notably those of “Hindu law,” “Islamic law,” “African laws” and “Chinese law.” But it seeks to do much more than that. It takes on conventional claims in contemporary Anglo-American jurisprudence on the nature, sources and scope of law, and finds the dominant accounts of the concept of law within this jurisprudence flawed and incomplete." - Maxwell O. Chibundu, University of Maryland School of Law, Law and Politics Book Review
Book Description
Now in its second edition, this textbook presents a critical rethinking of the study of comparative law and legal theory in a globalising world, and proposes a new model. It highlights the inadequacies of current Western theoretical approaches in comparative law, international law, legal theory and jurisprudence, especially for studying Asian and African laws, arguing that they are too parochial and eurocentric to meet global challenges. Menski argues for combining modern natural law theories with positivist and socio-legal traditions, building an interactive, triangular concept of legal pluralism. Advocated as the fourth major approach to legal theory, this model is applied in analysing the historical and conceptual development of Hindu law, Muslim law, African laws and Chinese law.
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Medieval Law and the Foundations of the State
Alan Harding
Review
" is particularly adept at uncovering the wheels of medieval administration. The book is the best comparison of medieval French and English legal and governmental institutions in any language."-- The Journal of Interdisciplinary History
"The achievement of this book through its broad reach and rich evidentiary detail merits unstinting praise."--American Historical Review
"A learned and lucid book is this, rich in historical detail." - - CHOICE
Book Description
The state is the most powerful and contested of political ideas, loved for its promise of order but hated for its threat of coercion. In this broad-ranging new study, Alan Harding challenges the orthodoxy that there was no state in the Middle Ages, arguing instead that it was precisely then that the concept acquired its force. He explores how the word 'state' was used by medieval rulers and their ministers and connects the growth of the idea of the state with the development of systems for the administration of justice and the enforcement of peace. He shows how these systems provided new models for government from the centre, successfully in France and England but less so in Germany. The courts and legislation of French and English kings are described establishing public order, defining rights to property and liberty, and structuring commonwealths by 'estates'. In the final chapters the author reveals how the concept of the state was taken up by political commentators in the wars of the later Middle Ages and the Reformation Period, and how the law-based 'state of the king and the kingdom' was transformed into the politically dynamic 'modern state'.
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http://rapidshare.com/files/62288804/Medieval_Law_and_the_Foundations_of_the_State.rar Law and Morals (University of North Carolina Press, 1924, rev. ed. 1926)
Roscoe Pound
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A Short History of Roman Law
O. E. Tellegen-Couperus
Review
`This book is important for classicists and historians working in teaching. It gives a thorough historical background and makes a clear connection between Roman law and society. Moreover, it saves time because a large number of aspects are dealt with in on ebook and one does not have to consult a lot of books in order to get the same result.' - Computerrecht
`This is a meritorious and entertaining book.' - Themis
Book Description
The Roman's established one of the key legal systems from which modern European law is derived. It is one of the binding factors par excellence within the European community. It is thus vital for the new "Europeans" to have a sound knowledge of of its history. This book presents a brief, accurate and up-to-date survey of the development of Roman law.
Olga Tellegen-Couperus divides the thousand-year-long history of Roman law into four periods, each based on political developments. For each period, there is a general outline of the sources and then a description of the territory under Roman rule, the socio-economic situation, and political development. The last section of each chapter analyzes the law, focusing on particular legislation, jurisdiction and legal science. The book thus offers a full introduction to the political and socio-economic background to Roman law and gives due attention to the topics under current debated in Romanist literature.
The book is useful to law students, classicists and ancient historians.
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Law and the State: A Political Economy Approach (New Horizons in Law & Economics)
Alain Marciano Jean-Michel Josselin
Reviews
Synopsis
"Law and the State" provides a political economy analysis of the legal functioning of a democratic state, illustrating how it builds on informational and legal constraints. It explains, in an organised and thematic fashion, how competitive information enhances democracy while strategic information endangers it, and discusses how legal constraints stress the dilemma of independence versus discretion for judges as well as the elusive role of administrators and experts. Throughout the book, empirical evidence and comparative studies illuminate sometimes provocative theoretical views on issues such as: the place of the rule of law in constitutional and banking systems; regulation of copyright, art and heritage; innovations and technologies of communication and information; terrorism and media manipulation. Both private and public law, applied and theoretical issues are covered comprehensively. Academics and researchers of law and economics and public choice will find much to challenge and inform them within this book.
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On the History of the Idea of Law
Shirley Robin Letwin
On the History of the Idea of Law is the first book ever to trace the development of the philosophical theory of law from its first appearance in Plato's writings to today. Professor Letwin finds important and positive insights and tensions in the theories of Plato, Aristotle, Augustine, and Hobbes. She finds confusions and serious errors introduced by Cicero, Aquinas, Bentham, and Marx. She harnesses the insights of H. L. A. Hart and especially Michael Oakeshott to mount a devastating attack on the late twentieth-century theories of Ronald Dworkin, the Critical Legal Studies movement, and feminist jurisprudence. In all of this, Professor Letwin finds the rule of law to be the key to modern liberty and the standard of justice. This is the final work of the distinguished historian and theorist Shirley Robin Letwin, a major figure in the revival of Conservatine thought and doctrine from 1960 onwards, who died in 1993.
• The final work of a major conservative thinker of the late twentieth century
• A unique and highly reader-friendly overview of the development of western legal philosophy
• Author with a major Translatlantic reputation, with strong links to both Chicago and the LSE
Contents
Editor's preface; Introduction; Part I. Law Anchored to a Cosmic Order: 1. Plato; 2. Aristotle; 3. Cicero; Part II. The Christian Revision: 4. St Augustine; 5. St Thomas Aquinas; Part III. The Modern Quest: 6. Thomas Hobbes; 7. John Locke; 8. Immanuel Kent; 9. Jeremy Bentham; Part IV. The Significance of Rules: 10. From historical jurisprudence to realism; 11. The Defense of Rules; Part V. The Idea of Law Repudiated: 12. Marxist Theories; 13. Political jurisprudence 1; 14. Political jurisprudence 2; Part VI. New Foundations: 15. A skeptical jurisprudence; 16. Postscript; Index.
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A Companion to Philosophy of Law and Legal Theory
Dennis Patterson
Book Description
This outstanding new volume provides a comprehensive and authoritative survey of the theories, topics, subjects, and discourses that now feature in the law school and undergraduate legal studies curricula.Written by many of today's leading figures, each of the 42 newly-commissioned survey articles takes the reader through the basic theoretical concepts, problems, theories, and themes of contemporary legal theory. While the text is written as a guide for the uninitiated, the authors strive to make an original and substantial contribution to the field.Taken together, the volume provides an unparalleled work of reference for teaching and research in philosophy of law, jurisprudence, legal theory, and legal studies.
About the Author
Dennis Patterson is a Distinguished Professor of Law at Rutgers University School of Law in Camden, New Jersey. He was educated at the State University of New York at Buffalo. Patterson co-authored Introduction to the Philosophy of Law: Readings and Cases, edited A Companion to the Philosophy of Law and Legal Theory, and wrote Law and Truth, a book about how truth and law relates to many aspects concerning the world in which we live.
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The Problematics of Moral and Legal Theory
Richard A. Posner
Ambitious legal thinkers have become mesmerized by moral philosophy, believing that great figures in the philosophical tradition hold the keys to understanding and improving law and justice and even to resolving the most contentious issues of constitutional law. They are wrong, contends Richard Posner in this book. Posner characterizes the current preoccupation with moral and constitutional theory as the latest form of legal mystification--an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise. In pursuit of that understanding, Posner advocates a rebuilding of the law on the pragmatic basis of open-minded and systematic empirical inquiry and the rejection of cant and nostalgia--the true professionalism foreseen by Holmes a century ago.
A bracing book that pulls no punches and leaves no pieties unpunctured or sacred cows unkicked, The Problematics of Moral and Legal Theory offers a sweeping tour of the current scene in legal studies--and a hopeful prospect for its future.
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An Affair of State The Investigation, Impeachment, and Trial of President Clinton
Richard A. Posner
New York Times Book Review Editors' Choice for Best Book of the Year, 1999
Los Angeles Times Book Prize Finalist, 2000
President Bill Clinton's year of crisis, which began when his affair with Monica Lewinsky hit the front pages in January 1998, engendered a host of important questions of criminal and constitutional law, public and private morality, and political and cultural conflict.
In a book written while the events of the year were unfolding, Richard Posner presents a balanced and scholarly understanding of the crisis that also has the freshness and immediacy of journalism. Posner clarifies the issues and eliminates misunderstandings concerning facts and the law that were relevant to the investigation by Independent Counsel Kenneth Starr and to the impeachment proceeding itself. He explains the legal definitions of obstruction of justice and perjury, which even many lawyers are unfamiliar with. He carefully assesses the conduct of Starr and his prosecutors, including their contacts with the lawyers for Paula Jones and their hardball tactics with Monica Lewinsky and her mother. He compares and contrasts the Clinton affair with Watergate, Iran-Contra, and the impeachment of Andrew Johnson, exploring the subtle relationship between public and private morality. And he examines the place of impeachment in the American constitutional scheme, the pros and cons of impeaching President Clinton, and the major procedural issues raised by both the impeachment in the House and the trial in the Senate. This book, reflecting the breadth of Posner's experience and expertise, will be the essential foundation for anyone who wants to understand President Clinton's impeachment ordeal.
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Public Intellectuals A Study of Decline With a New Preface and Epilogue
Richard A. Posner
In this timely book, the first comprehensive study of the modern American public intellectual--that individual who speaks to the public on issues of political or ideological moment--Richard Posner charts the decline of a venerable institution that included worthies from Socrates to John Dewey.
With the rapid growth of the media in recent years, highly visible forums for discussion have multiplied, while greater academic specialization has yielded a growing number of narrowly trained scholars. Posner tracks these two trends to their inevitable intersection: a proliferation of modern academics commenting on topics outside their ken. The resulting scene--one of off-the-cuff pronouncements, erroneous predictions, and ignorant policy proposals--compares poorly with the performance of earlier public intellectuals, largely nonacademics whose erudition and breadth of knowledge were well suited to public discourse.
Leveling a balanced attack on liberal and conservative pundits alike, Posner describes the styles and genres, constraints and incentives, of the activity of public intellectuals. He identifies a market for this activity--one with recognizable patterns and conventions but an absence of quality controls. And he offers modest proposals for improving the performance of this market--and the quality of public discussion in America today.
This paperback edition contains a new preface and and a new epilogue.
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Awakening Monster: The Alien Tort Statute of 1789
Gary Clyde Hufbauer , Nicholas K. Mitrokostas
Book Description
Within the next decade, 100,000 Chinese class action plaintiffs, organized by New York trial lawyers, could sue General Motors, Toyota, General Electric, Mitsubishi, and a host of other blue-chip corporations in a US federal court for abetting China’s denial of political rights, for observing China’s restrictions on trade unions, and for impairing the Chinese environment. These plaintiffs might claim actual damages of $6 billion and punitive damages of $20 billion. Similar blockbuster cases are already working their way through federal and state court systems.
How could this nightmare scenario become a reality? Because of a little-known, one sentence law enacted in 1789— the Alien Tort Statute (ATS): "The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States."
In this analysis, Hufbauer and Mitrokostas examine the chilling impact the ATS could have on trade and foreign direct investment. They trace its history from the original intent to recent court interpretations, including a look at class-action suits over asbestos and apartheid. They provide an economic picture of the potential scope of ATS litigation, cite the possible collateral damage, and review the impact that ATS rulings could have on global relations. The authors recommend measures Congress should take to limit expansive court interpretations. The study is a must-read for policymakers, international lawyers, and students.
About the Author
Gary Clyde Hufbauer, Reginald Jones Senior Fellow, was formerly a Marcus Wallenberg Professor of International Finance Diplomacy at Georgetown University (1985–92); Deputy Director of the International Law Institute at Georgetown University (1979–81); Deputy Assistant Secretary for International Trade and Investment Policy of the US Treasury (1977–79); and Director of the International Tax Staff at the Treasury (1974–76). He has written extensively on international trade, investment, and tax issues. He is coauthor of NAFTA and the Environment: Seven Years Later (2000), World Capital Markets: Challenge to the G-10 with Wendy Dobson (2001), coeditor of Unfinished Business: Telecommunications after the Uruguay Round (1997), Fundamental Tax Reform and Border Tax Adjustments (1996), Measuring the Costs of Protection in the United States (1994), NAFTA: An Assessment (rev. 1993), US Taxation of International Income (1992), and numerous other publications and papers.
Nicholas K. Mitrokostas received his J.D., magna cum laude, from Georgetown University Law Center in May 2003 and will clerk for the Honorable Judith A. Cowin of the Supreme Judicial Court of Massachusetts.
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Law and Economics
Robert Cooter , Thomas Ulen
Book Description
KEY MESSAGE:Law and economics has become a central course in U.S. legal education and for students majoring in topics like economics, political science, and philosophy. With the Fifth Edition of their best-selling text, Cooter and Ulen provide a clear introduction to economic analysis and its application to legal rules and institutions that is accessible to any student who has taken principles of microeconomics.
An Introduction to Law and Economics; A Review of Microeconomic Theory; An Introduction to Law and Legal Institutions; An Economic Theory of Property; Topics in the Economics of Property Law; An Economic Theory of Contract; Topics in the Economics of Contract Law; An Economic Theory of Tort Law; Topics in the Economics of Tort Liability; An Economic Theory of the Legal Process; An Economic Theory of Crime and Punishment; Topics in the Economics of Crime and Punishment.
For all readers interested in law and economics.
About the Author
Robert Cooter, a pioneer in the field of law and economics, began teaching in the Department of Economics at UC Berkeley in 1975 and joined the Boalt faculty in 1980. He has been a visiting member of the Institute for Advanced Study at Princeton and a recipient of various awards and fellowships, including Guggenheim, the Jack N. Pritzker Visiting Research Professorship at Northwestern Law School, and, most recently, the Max Planck Research Prize. He was an Olin visiting professor at the University of Virginia Law School and lectured at the University of Cologne in 1989. He is coeditor of the International Review of Law and Economics. He is one of the founders of the American Law and Economics Association and served from 1994 to 1995 as its president. In 1999 he was elected to the American Academy of Arts and Sciences.
Professor Ulen received a bachelor’s degree from Dartmouth College, a master’s from St. Catherine’s College, Oxford, and a Ph.D. in Economics from Stanford University. He holds a Swanlund Chair, one of the highest endowed titles on the Urbana-Champaign campus, and is Director of the College’s Program in Law and Economics. In addition, he is a research affiliate of the Environmental Council, a member of the Campus Honors faculty, and holds positions in the Department of Economics and the Institute for Government and Public Affairs. Recently, Professor Ulen served as a Visiting Professor at the University of Bielefeld, and as the Foreign Chair in International and Comparative Law at the University of Ghent, Belgium. He has previously been a Visiting Professor in Belgium, Germany, Slovenia, and a Ford Foundation Professor in Shanghai, China. Professor Ulen was a member of the founding Board of Directors of the American Law and Economics Association and has served as a member of the editorial board of several professional journals. He is also a co-organizer, with Professor Tom Ginsburg and Professor Richard McAdams, of the Midwest Law and Economics Association Annual Meeting at the College of Law.
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Prostitution, Sexuality, and the Law in Ancient Rome
Thomas A. J. McGinn
Review
"Thomas A. J. McGinn's erudite study of the legal rules affecting female prostitution from 200 B.C.E. to 250 C.E. is...particularly welcome....McGinn's mastery of Roman legal scholarship is most impressive....this is an impressive work that will long remain the central reference point for anyone studying Roman prostitution."--American Historical Review
"This is the first serious and detailed study of prostitution as it existed throughout the Roman world, covering the period 200 BCE to 250 CE...This book is a must for serious scholars who want to understand the Roman social world."--Religious Studies Review
"McGinn's greatest contribution is his discussion of critical methodologies and his insistence on looking at the fullest social and political contexts within which prostitution existed."--Choice
"The author has done extensive comparative reading on a wide range of subjects... and displays an impressive breadth of legal knowledge throughout... provides a solid and excellent base on which to build future studies of prostitution in Roman antiquity."--The Classical Outlook
Book Description
This is a study of the legal rules affecting the practice of female prostitution at Rome approximately from 200 B.C. to A.D. 250. It examines the formation and precise content of the legal norms developed for prostitution and those engaged in this profession, with close attention to their social context. McGinn's unique study explores the "fit" between the law-system and the socio-economic reality while shedding light on important questions concerning marginal groups, marriage, sexual behavior, the family, slavery, and citizen status, particularly that of women
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The Constitution and the New Deal
G. Edward White
From Library Journal
White (law and history, Univ. of Virginia), the author of several books on constitutional law, most notably The Marshall Court and Cultural Change, 1815-1835, offers a revisionist analysis of early 20th-century constitutional law and culture concerning New Deal "constitutional revolution" and Court-packing narratives. Emphasizing U.S. Supreme Court political economy cases from the 1920s through the 1940s, he advances "an alternate explanation for 'revolutionary'changes in the Supreme Court's interpretation of constitutional provisions." White challenges the conventional account of other historians of early 20th-century constitutional history and the New Deal "constitutional revolution" in modern politics. He pays particular attention to changes in the Supreme Court Justices' attitudes toward constitutional review of the nation's governing principles. White's broader, alternate picture of New Deal constitutional jurisprudence is a worthy challenge to conventional historical and jurisprudential interpretations of the New Deal. Highly recommended for academic libraries. Steven Puro, St. Louis Univ.
Copyright 2000 Reed Business Information, Inc. --This text refers to the Hardcover edition.
From Booklist
White's expressed intent is to complicate conventional historical narratives on American jurisprudence and constitutional law by noting the starting premises, if not biases, of those earlier narratives. He explores the role of the legal elite--who believed that ordinary rules did not apply to them--in interpreting the constitution during the New Deal era. But White is primarily concerned with the conventional accounts of the New Deal's reflecting a new era in constitutional law and interpretation that have influenced U.S. governance, for example, a more activist role for the federal government as economic regulator and an aggressive executive branch role in foreign policy. White asserts that historical analysis does not support that these changes in constitutional law were exclusively or predominately attributed to the New Deal era. Yet, the conventional accounts continue to resonate because of a general perception of the New Deal as a symbolic historic episode, with strong cultural associations that tend to distort historical realities. This is a worthy book not only for readers interested in constitutional history but for those interested in the cultural complexities of the U.S. Vernon Ford
Copyright
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