[DOWNLOAD] "An Unconvincing Defense (Comments) (Common-Law Liberty: Rethinking American Constitutionalism) (Book Review)" by Modern Age " eBook PDF Kindle ePub Free
eBook details
- Title: An Unconvincing Defense (Comments) (Common-Law Liberty: Rethinking American Constitutionalism) (Book Review)
- Author : Modern Age
- Release Date : January 22, 2006
- Genre: Language Arts & Disciplines,Books,Professional & Technical,Education,
- Pages : * pages
- Size : 189 KB
Description
COMMON-LAW LIBERTY: Rethinking American Constitutionalism, by James R. Stoner, Jr., is a short book of essays, half of which were previously published, that is guided by the best intentions. Professor Stoner defends the reasonableness and the traditionalism of the common law in opposition to contemporary theory-driven jurisprudence. In so doing, he displays a mastery of English common law and American federal jurisprudence. Unfortunately, one may be moved by his criticism of the contemporary Court and passionately wish for an alternative to it yet still find his defense of the common law unconvincing. In an introduction, nine chapters, and conclusion, Stoner hopes to defend the central importance of the common law tradition to the formation of American law, its continued importance to American legal reasoning, and ultimately the need for more of it. He begins by distancing himself from the two positions that dominate contemporary American jurisprudential disputes: conservatives who adhere to the original meaning of the Constitution while eschewing the idea of a "living Constitution," and their liberal opponents who oppose them on both counts. His vision of common-law constitutionalism, procedurally at least, shares much in common with the liberals.