Reading Law Forward: The Making of a Democratic Jurisprudence from John Marshall to Stephen G. Breyer - Hardcover
by Peter Charles Hoffer (Author)
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 courts to respond to the challenges of changing conditions. It kept law fresh. It promoted and still promotes the growth of a democratic society," Hoffer convincingly argues.
Details
This product is crafted with quality materials to ensure durability and performance. Designed with your convenience in mind, it seamlessly fits into your everyday life.
Shipping & Returns
We strive to process and ship all orders in a timely manner, working diligently to ensure that your items are on their way to you as soon as possible.
We are committed to ensuring a positive shopping experience for all our customers. If for any reason you wish to return an item, we invite you to reach out to our team for assistance, and we will evaluate every return request with care and consideration.