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

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Published: April 18th 2014

Kindle Edition

272 pages


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Historicism, Originalism and the Constitution: The Use and Abuse of the Past in American Jurisprudence  by  Patrick J Charles

Historicism, Originalism and the Constitution: The Use and Abuse of the Past in American Jurisprudence by Patrick J Charles
April 18th 2014 | Kindle Edition | PDF, EPUB, FB2, DjVu, AUDIO, mp3, ZIP | 272 pages | ISBN: | 7.78 Mb

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 upMoreThe 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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