Reading Law Forward : The Making of a Democratic Jurisprudence from John Marshall to Stephen G. Breyer / Peter Charles Hoffer.

Format:

Book

Author/Creator:

Hoffer, Peter Charles, 1944- author.

Language:

English

Subjects (All):

Jurisprudence--United States.

Jurisprudence.

Physical Description:

1 online resource (247 pages)

Edition:

First edition.

Place of Publication:

Lawrence, Kansas : University Press of Kansas, [2023]

Summary:

"In the current legal climate where "everyone is an originalist," conventional wisdom suggests that judges merely find, rather than make, law. 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 Hoffer offers an empirical study of how this approach to constitutional interpretation leads to better law. Reading Law Forward looks at seven judges, from John Marshall to Stephen G. Breyer, who exemplify this alternative jurisprudence"-- Provided by publisher.

Contents:

Cover

Title Page

Copyright Page

Table of Contents

Introduction: Reading Law Forward

1. John Marshall

2. Joseph Story

3. Lemuel Shaw

4. Louis D. Brandeis

5. Benjamin N. Cardozo

6. William O. Douglas

7. Stephen G. Breyer

Conclusion: The Making of a Democratic Jurispurdence

Acknowledgments

Notes

Index

Back Cover.

Notes:

Description based on publisher supplied metadata and other sources.

Includes bibliographical references.

Description based on print version record.

Includes index.

ISBN:

9780700635092

0700635092