Reading Law Forward: The Making of a Democratic Jurisprudence from John Marshall to Stephen G Breyer Hoffer Peter Charles
Reading Law Forward: The Making of a Democratic Jurisprudence from John Marshall to Stephen G Breyer Hoffer Peter Charles In the current legal climate where "everyone is an originalist," conventional…
Specifikacia Reading Law Forward: The Making of a Democratic Jurisprudence from John Marshall to Stephen G Breyer Hoffer Peter Charles
Reading Law Forward: The Making of a Democratic Jurisprudence from John Marshall to Stephen G Breyer Hoffer Peter Charles
In the current legal climate where "everyone is an originalist," conventional wisdom suggests that judges merely find law, rather than make it. By contrast, the alternative approach, "reading the law forward"--what some call judicial pragmatism or consequentialism--is viewed as heretical. Orthodox common-law jurisprudence makes fidelity to the past the central goal and criterion.
Reading Law Forward looks at seven judges who exemplify this alternative jurisprudence: John Marshall, Joseph Story, Lemuel Shaw, Louis D. Rather than mount a theoretical defense of a forward-thinking jurisprudence, legal historian Peter Charles Hoffer offers an empirical study of how this approach to constitutional interpretation actually leads to better law. Brandeis, Benjamin Cardozo, William O.
Douglas, and Stephen G. Breyer. "In the hands of America's leading judges, a jurisprudence of