Reading Law Forward By Peter Charles Hoffer 9780700635085 (Hardback)

Categorie

Constitution: government & the

Winkel

Wordery

Merk

University press of kansas

Reading Law Forward : University Press of Kansas : 9780700635085 : 0700635084 : 31 Jul 2023 : In the current legal climate where "everyone is an originalist," conventional wisdom suggests that judges merely find law, rather than make it. Orthodox common-law jurisprudence makes fidelity to the past the central goal and criterion. By contrast, the alternative approach, "reading the law forward"-what some call judicial pragmatism or consequentialism-is viewed as heretical. 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. Reading Law Forward looks at seven judges who exemplify this alternative jurisprudence: John Marshall, Joseph Story, Lemuel Shaw, Louis D. Brandeis, Benjamin Cardozo, William O. Douglas, and Stephen G. Breyer. "In the hands of America's leading judges, a jurisprudence of reading law forward enabled

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