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Historicism, Originalism and the Constitution: The Use and Abuse of the Past in American Jurisprudence

by Patrick J. Charles
Save 17% Save 17%
Current price ₹2,839.00
Original price ₹3,407.00
Original price ₹3,407.00
Original price ₹3,407.00
(-17%)
₹2,839.00
Current price ₹2,839.00

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Book cover type: Paperback
  • ISBN13: 9780786479313
  • Binding: Paperback
  • Subject: N/A
  • Publisher: McFarland & Company
  • Publisher Imprint: McFarland & Company
  • Publication Date:
  • Pages: 272
  • Original Price: GBP 21.99
  • Language: English
  • Edition: N/A
  • Item Weight: 363 grams
  • BISAC Subject(s): United States / General

The use of history in law is a time honored tradition. Over the years the practice has assumed many forms, including historicism, intentionalism, interpretivist history, law office history, historical narrative, originalism, etc. This book picks up where past commentators have left off. The different historically based approaches to adjudicating constitutional questions are weighed and considered, particularly originalism, and asserts that history in law is legitimate only if it leads to accurate results. The book then purposes an approach to accomplish the objectives of historical accuracy and objectivity, and therefore legitimacy.

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