Common Law Liberty: Rethinking American Constitutionalism

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Format: Hardcover
Pub. Date: 2003-07-01
Publisher(s): Univ Pr of Kansas
List Price: $34.95

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Summary

James Stoner's first book, Common Law and Liberal Theory: Coke, Hobbes, and the Origins of American Constitutionalism, was hailed as "forceful and wise...powerful and convincing" by the American Historical Review and "a stunning achievement" by the Journal of Politics. In that work, which provided historical background to the Founding era, he focused on the common law almost exclusively as a mode of legal thought. He now amplifies and extends his thinking on this subject with a study that transcends such "formalistic" limits and reveals how constitutional law has developed since the Founding. Common Law Liberty is a rediscovery and reassertion of the common law's central contributions to and enduring impact on American constitutional law. Stoner illuminates the common law's ties to an entire way of life, inextricably linked to the Founding and American constitutionalism, influenced by Christianity, closely connected to the development of free enterprise, and open to the influences of modern science and democracy. Stoner delineates two common laws: one understoo

Author Biography

James R. Stoner, Jr., is an associate professor of political science at Louisiana State University.

Table of Contents

Acknowledgments, xi
Introduction, 1(8)
1. Common Law and Constitution: Original Understanding, Republican Synthesis, and Modern Transformation, 9(21)
2. Fighting Words: Common Law and Liberalism in the American Doctrine of Free Speech, 30(16)
3. Religious Liberty and Common Law: Free-Exercise Exemptions and American Courts, 46(19)
4. Common Law and Constitutionalism in the Abortion Case, 65(13)
5. The Common Law of the Family and the Constitutional Law of the Self, 78(13)
6. Peremptory Challenge: African Americans, the Jury, and the Constitutionalism of Common Law, 91(16)
7. The Judicial Science of Politics: Or Why Taxation without Representation Is Constitutional and Party Discipline Is Not, 107(88)
8. Commerce, Property, and Police, 125
9. Common Law, Constitution, and World Order, 148
Conclusion, 165
Notes, 169
Bibliographic Essay, 191
Index, 195

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