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Kunal M Parker - Common Law, History, and Democracy in America, 1790-1900 [2011][A]

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 							Product Details
  Book Title: Common Law,
History, and Democracy in America, 1790-1900: Legal Thought before Modernism (Cambridge Historical Studies in American
Law and Society)	 	
  Book Author:  Kunal M. Parker (Author)

   Series: Cambridge Historical Studies in American Law and
Society
   Hardcover: 320 pages
   Publisher: Cambridge University Press; 1 edition (March 14,
2011)
   Language: English
   ISBN-10: 0521519950
   ISBN-13: 978-0521519953
  
  Book Description
  Publication Date: March 14,
2011
  This book argues for a change in our understanding of the relationships among law, politics and
history. Since the turn of the nineteenth century, a certain anti-foundational conception of history has served to
undermine law's foundations, such that we tend to think of law as nothing other than a species of politics. Thus viewed,
the activity of unelected, common law judges appears to be an encroachment on the space of democracy. However, Kunal M.
Parker shows that the world of the nineteenth century looked rather different. Democracy was itself constrained by a
sense that history possessed a logic, meaning and direction that democracy could not contravene. In such a world, far
from law being seen in opposition to democracy, it was possible to argue that law - specifically, the common law - did a
better job than democracy of guiding America along history's path.
  
  Reviews
  "This is a wide-ranging and highly original treatment of law and history
in nineteenth-century America. Parker incorporates into his story many new texts that have not been examined in this
context before and re-examines familiar texts with a fresh eye and novel interpretations. Common Law, History, and
Democracy in America, 1790-1900, is an illuminating and insightful work, offering an important contribution to the
growing literature on historically and socially minded jurisprudence." - Robert Gordon, Yale
Law School
  
  "Parker has written an original and stimulating work of intellectual history. By
insightfully analyzing how different historical sensibilities and temporalities interacted in nineteenth-century
America, he succeeds in revising not only the standard narrative of American legal history, but also our understanding
of nineteenth-century historical consciousness." - Dorothy Ross, Arthur O. Lovejoy Professor
Emerita of History, Johns Hopkins University
  
  "With this bright and closely reasoned book as a
shining example, one can say that legal history has entered its post-maturity age...essential reading for everyone
interested in nineteenth-century American law." - Peter Charles Hoffer, American Historical
Review
  
  "This book is an important contribution and a considerable achievement." -Polly J. Price, The Journal of American History
  
  About the Author
  Kunal M. Parker is
Professor at the University of Miami School of Law. He was previously the James A. Thomas Distinguished Professor of Law
at Cleveland State University and has held fellowships at New York University Law School, Cornell Law School, Queens
University, Belfast, and the American Bar Foundation. Professor Parker has served on the editorial boards of PoLAR:
Political and Legal Anthropology Review and Law and Social Inquiry. His writing focuses on the history and theory of
immigration and citizenship law, the history of law in colonial India, US intellectual and legal history, and the
philosophy of history.  						

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