eBook - ePub

Reading Law Forward

Name: Reading Law Forward
ISBN: 9780700635092

The Making of a Democratic Jurisprudence from John Marshall to Stephen G. Breyer

Peter Charles Hoffer,

240 pages
English
ePUB (mobile friendly)
Available on iOS & Android

eBook - ePub

Reading Law Forward

The Making of a Democratic Jurisprudence from John Marshall to Stephen G. Breyer

Peter Charles Hoffer,

About this book

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.

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Yes, you can access Reading Law Forward by Peter Charles Hoffer in PDF and/or ePUB format, as well as other popular books in Law & Jurisprudence. We have over one million books available in our catalogue for you to explore.