American Legal Thought from Premodernism to Postmodernism: An Intellectual Voyage

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Oxford University Press, Jan 20, 2000 - Law - 288 pages
The intellectual development of American legal thought has progressed remarkably quickly form the nation's founding through today. Stephen Feldman traces this development through the lens of broader intellectual movements and in this work applies the concepts of premodernism, modernism, and postmodernism to legal thought, using examples or significant cases from Supreme Court history. Comprehensive and accessible, this single volume provides an overview of the evolution of American legal thought up to the present.

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Contents

Introduction On Intellectual History
3
Charting the Intellectual Waters Premodernism Modernism and Postmodernism
11
Premodern American Legal Thought
49
Modern American Legal Thought
83
Postmodern American Legal Thought
137
Conclusion A Glimpse of the Future?
188
Notes
199
Index
263
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Page 50 - Commentaries remarks, that this law of Nature being coeval with mankind, and dictated by God himself, is of course superior in obligation to any other. It is binding over all the globe, in all countries and at all times; no human laws are of any validity if contrary to this, and such of them as are valid, derive all their force, and all their validity, and all their authority, mediately and immediately, from this original...
Page 184 - She leaned far out on the window-sill, And shook it forth with a royal will. "Shoot, if you must, this old gray head, But spare your country's flag,
Page 61 - The aim of every political constitution is, or ought to be, first to obtain for rulers men who possess most wisdom to discern, and most virtue to pursue, the common good of the society ; and in the next place, to take the most effectual precautions for keeping them virtuous whilst they continue to hold their public trust.
Page 77 - But the object and end of all government is to promote the happiness and prosperity of the community by which it is established ; and it can never be assumed that the government intended to diminish its power of accomplishing the end for which it was created. And in a country like ours...
Page 12 - And very likely the strictly historical character of my narrative may be disappointing to the ear. But if he who desires to have before his eyes a true picture of the events which have happened, and of the like events which may be expected to happen hereafter in the order of human things, shall pronounce what I have written to be useful, then I shall be satisfied. My history is an everlasting possession, not a prize composition which is heard and forgotten.
Page 139 - I have a dream that one day this nation will rise up and live out the true meaning of its creed, "We hold these truths to be self-evident, that all men are created equal.
Page 58 - That no free government, or the blessings of liberty, can be preserved to any people, but by a firm adherence to justice, moderation, temperance, frugality, and virtue, and by frequent recurrence to fundamental principles.
Page 24 - Reason is, and ought only to be, the slave of the passions, and can never pretend to any other office than to serve and obey them.
Page 62 - WHEREAS, all government ought to be instituted and supported, for the security and protection of the community, as such, and to enable the individuals who compose it, to enjoy their natural rights...

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