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Historicism, Originalism and the Constitution Patrick J. Charles

Historicism, Originalism and the Constitution By Patrick J. Charles

Historicism, Originalism and the Constitution by Patrick J. Charles


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Historicism, Originalism and the Constitution Summary

Historicism, Originalism and the Constitution: The Use and Abuse of the Past in American Jurisprudence by Patrick J. Charles

The use of history in law is a time honoured tradition. Over the years the practise has assumed many forms to include historicism, intentionalism, interpretivist history, law office history, historical narrative and originalism. History, Originalism, and the Constitution picks up where past commentators have left off in this time honoured debate. The book weighs and considers the different historically based approaches to adjudicating constitutional questions, particularly originalism and asserts that history in law is only legitimate if it leads to accurate results. History, Originalism, and the Constitution then proposes an approach to accomplish the objectives of historical accuracy, objectivity and therefore legitimacy. Known as the historical guidepost approach, it respects historical methodologies, places text and events in total historical context, is honest about what the evidentiary record does and does not provide, mitigates judicial mythmaking and applies history as more of a guide to legal reasoning than a strict outcome determinative tool.

Historicism, Originalism and the Constitution Reviews

“The past too easily becomes a political football, a pawn in contemporary political debates about law and history. Charles is keenly aware of the abuse of history by lawyers, but also the abuse of law by historians. History’s ‘dead hand,’ Charles argues, should be invoked carefully and judiciously. To his credit, Charles’s goal in this book is to improve the fraught dialogue between history and law.”—Robert J. Spitzer, SUNY Cortland, author of Saving the Constitution from Lawyers and The Politics of Gun Control; “A rich and searching account of how the past should shape the present that sheds new light on many of our generation’s most challenging constitutional problems.”—Gerard Magliocca, Samuel R. Rosen Professor of Law, Indiana University Robert H. McKinney School of Law; “In this thoughtful and ambitious book, Patrick Charles addresses some of the central questions in all of constitutional interpretation. Charles ‘historical guideposts’ approach simultaneously supports and challenges the positions of self-identified originalists and living constitutionalists alike. It represents a useful intervention in the ongoing debate between those camps.”—Joseph Blocher, Associate Professor of Law, Duke University.

About Patrick J. Charles

Patrick J. Charles is the recipient of the 2008 Judge John R. Brown Award for Excellence in Writing for his research on the Second Amendment and the ""right to bear arms"" in state constitutions. He holds a J.D. from the Cleveland-Marshall School of Law, works as a historian for the 352nd Air Force Special Operations Group and is a contributor to Encyclopedia Brittanica on the Second Amendment and gun control. He lives in Cambridge, United Kingdom.

Table of Contents

Table of Contents

Acknowledgments ?ix
Preface ?1
1.?History in Law’s Dilemma: A Dialogue on History’s Role in Constitutional Interpretation ?5
2.?Historical Consciousness and the Law Considered ?29
3.?The Complexities of Constitutional Interpretation in the Late Eighteenth Century Considered ?50
4.?Historical Guideposts and Constitutional Interpretation ?83
5.?Historical Guideposts, the Second Amendment and Firearms Outside the Home ?122
6.?Historical Guideposts, the Fourteenth Amendment and Citizenship by Birth ?148
Epilogue ?185
Notes ?191
Bibliography ?233
Index ?255

Additional information

CIN0786479310G
9780786479313
0786479310
Historicism, Originalism and the Constitution: The Use and Abuse of the Past in American Jurisprudence by Patrick J. Charles
Used - Good
Paperback
McFarland & Co Inc
2014-04-30
272
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a used book - there is no escaping the fact it has been read by someone else and it will show signs of wear and previous use. Overall we expect it to be in good condition, but if you are not entirely satisfied please get in touch with us

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