The seller has withdrawn this listing
- Browse for similar listings in Law
Other listings you might like
Description
Memory and Authority
Condition: BRAND NEW ISBN: 9780300272222 Author(s): Jack M. Balkin Format: Paperback Year: 2024 Publisher: Yale University Press Pages: 384 Series: Yale Law Library Series in Legal History and Reference
Description: From one of the nation's preeminent constitutional scholars, a sweeping rethinking of the uses of history in constitutional interpretation Fights over history are at the heart of most important constitutional disputes in America. The Supreme Court's current embrace of originalism is only the most recent example of how lawyers and judges try to use history to establish authority for their positions. Jack M. Balkin argues that fights over constitutional interpretation are often fights over collective memory. Lawyers and judges constructâand eraseâmemory to lend authority to their present-day views; they make the past speak their values so they can then claim to follow it. The seemingly opposed camps of originalism and living constitutionalism are actually mirror images of a single phenomenon: how lawyers use history to adapt an ancient constitution to a constantly changing world. Balkin shows how lawyers and judges channel history through standard forms of legal argument that shape how they use history and even what they see in history. He explains how lawyers and judges invoke history selectively to construct authority for their claims and undermine the authority of opposing views. And he elucidates the perpetual quarrel between historians and lawyers, showing how the two can best join issue in legal disputes. This book is a sweeping rethinking of the uses of history in constitutional interpretation.
BUYER OFFERS: We are a retail store with set pricing and unfortunately we can\t fulfil any requests to sell items for less than the listed price.
Details
Shipping & pick-up options
Destination & description | Price per item | |
---|---|---|
Nationwide 7-8 days, Economy | $4.50 |
Estimated delivery times in business days
Seller does not allow pick-ups
Payment Options
Pay instantly by card, Ping balance or saved bank account.