Common law and liberal theory : Coke, Hobbes, and the origins of American constitutionalism
Author(s)
Bibliographic Information
Common law and liberal theory : Coke, Hobbes, and the origins of American constitutionalism
University Press of Kansas, c1992
- : cloth
- : pbk
Available at / 41 libraries
-
No Libraries matched.
- Remove all filters.
Note
Revision of thesis (Ph. D.)--Harvard University, 1987
Includes bibliographical references (p. 233-276) and index
Description and Table of Contents
- Volume
-
: cloth ISBN 9780700605323
Description
In this book, James Stoner's purpose is to recover the common law basis of American constitutionalism. American constitutionalism in general, he argues, and judicial review in particular, cannot be fully understood without acknowledging their roots in both common law and liberal political theory. But for the most part, the common law underpinnings of constitutionalism have received short shrift. Through close study of liberal political philosopher Thomas Hobbes and the writings of Edward Coke, a 17th-century judge and parliamentarian whose opinion in Doctor Bonham's Case (1610) was once viewed as a precedent for the modern practice of judicial review, Stoner establishes a dialogue between two schools of thought. The contrast that emerges between liberalism, with its scientific ambitions, and common law opens up a fresh perspective on the foundations of the American regime. Common law is grounded in precedent and local tradition as well as reason; it stresses community. Liberal political theory is based on abstract, rational principles; it stresses individualism.
To overlook the common law roots of American constitutionalism, then, is to ignore a tradition that is more contextual and historical, more flexible yet more respectful of the wisdom of tradition or experience, less individualistic and more emphatic about responsibility than is the liberal philosophic tradition. In "Common Law and Liberal Theory", Stoner re-examines the sources of judicial review and the American founding. He focuses on Hobbes and Coke as representative of the two traditions, but also includes chapters on Locke, Montesquieu, Blackstone and the Federalists. His reading of the influences of and conflicts between liberalism and common law aims to cast new light on the controversy over the origins of American constitutionalism.
- Volume
-
: pbk ISBN 9780700606306
Description
This work suggests that American constitutionalism is the product of a combination of two opposing schools of thought: the English common-law tradition as exemplified by the work of Edward Coke and early liberal political philosophy as seen in the work of Thomas Hobbes. Stoner addresses the question of what we expect of judges in a political system that rests on popular sovereignty and a legal order committed to the idea of fundamental law.
by "Nielsen BookData"
