Intervention and detachment : essays in legal history and jurisprudence

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書誌事項

Intervention and detachment : essays in legal history and jurisprudence

G. Edward White

Oxford University Press, 1994

  • : cloth : acid-free paper
  • : pbk

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注記

Includes bibliographical references and index

内容説明・目次

巻冊次

: cloth : acid-free paper ISBN 9780195084955

内容説明

This collection of essays by G. Edward White provides, in one place, discussion of a number of the substantive issues of current interest in American legal history and jurisprudence. Ranging through a diverse body of subjects, including "doing history" (methodology and practice), judicial review, and the politics of jurisprudence, the author both explores important topics and raises critical issues affecting the process of writing legal history. Topics include the nature and process of "revisionism" in historical writing, the role of lawyers in the New Deal, the roles of evidence and interpretation in legal history, critical theory, the significance of the Supreme Court in American culture, the historiography of the Marshall Court, and the career of Justice Oliver Wendell Holmes. Written by one of the nation's preeminent legal historians, Intervention and Detachment skillfully integrates the theoretical and the concrete, offering scholars and students a vital survey of modern American legal history.
巻冊次

: pbk ISBN 9780195084962

内容説明

This collection of essays by G. Edward White provides, in one place, discussion of a number of the substantive issues of current interest in American legal history and jurisprudence. Ranging through a diverse body of subjects, including "doing history" (methodology and practice), judicial review, and the politics of jurisprudence, the author both explores important topics and raises critical issues affecting the process of writing legal history. Topics include the nature and process of "revisionism" in historical writing, the role of lawyers in the New Deal, the roles of evidence and interpretation in legal history, critical theory, the significance of the Supreme Court in American culture, the historiography of the Marshall Court, and the career of Justice Oliver Wendell Holmes. Written by one of the nation's preeminent legal historians, Intervention and Detachment skillfully integrates the theoretical and the concrete, offering scholars and students a vital survey of modern American legal history.

目次

Introduction I. Doing History: Methodology Truth and Interpretation in Legal History The Text, Interpretation, and Critical Standards The Art of Revising History: Revisting The Marshall Court II. Doing History: Practice The Intergrity of Holmes' Jurisprudence Looking at Holmes in the Mirror Revisiting the New Deal Legal Generation Felix Frankfurter, the Old Boy Network, and the New Deal: The Placement of Elite Lawyers in Public Service in the 1930s III. Judicial Review Reflections on the Role of the Supreme Court: The Contemporary Debate and the "Lessons" of History Judicial Activism and the Identity of the Legal Profession Chief Justice Marshall, Justice Holmes, and the Discourse of Constitutional Adjudication IV. The Politics of Jurisprudence The Inevitability of Critical Legal Studies From Realism to Critical Legal Studies: A Truncated Intellectual History Conclusion Index

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