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

Research output: Book/ReportBook

30 Scopus citations

Abstract

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.

Original languageEnglish (US)
PublisherCambridge University Press
Number of pages305
ISBN (Electronic)9780511973963
ISBN (Print)9780521519953
DOIs
StatePublished - Jan 1 2011

ASJC Scopus subject areas

  • Arts and Humanities(all)

Fingerprint Dive into the research topics of 'Common law, history, and democracy in America, 1790-1900: Legal thought before modernism'. Together they form a unique fingerprint.

  • Cite this