Taming the past : essays on law in history and history in law / Robert W. Gordon, Stanford University.
"Lawyers and judges often make arguments based on history - on the authority of precedent and original constitutional understandings. They argue both to preserve the inspirational, heroic past and to discard its darker pieces - such as feudalism and slavery, the tyranny of princes and priests,...
Saved in:
| Main Author: | |
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| Other title: | Works. Selections |
| Format: | Book |
| Language: | English |
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Cambridge, United Kingdom :
Cambridge University Press,
2017.
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| Series: | Studies in legal history.
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| Subjects: |
Table of Contents:
- Introduction
- Part I. The Common Law Tradition in Legal Historiography
- 1. The common law tradition in American legal historiography
- 2. Holmes's Common Law as legal and social science
- Part II. Legal Historians
- 3. Social-legal history's pioneer: the work of James Willard Hurst
- 4. Hurst recaptured
- 5. Morton Horwitz and his critics: a conflict of narratives
- 6. The elusive transformation
- 7. Method and politics: Horwitz on lawyers' uses of history
- 8. E.P. Thompson's legacies
- 9. The constitution of liberal order at the troubled beginnings of the modern state
- Part III. History and Historicism in Legal History and Argument
- 10. Historicism in legal scholarship
- 11. Critical legal histories
- 12. The past as authority and as social critic: stabilizing and destabilizing functions of history in legal argument
- 13. Taming the past: histories of liberal society in American legal thought
- 14. Originalism and nostalgic traditionalism
- 15. Undoing historical injustice.