Common Law And Liberal Theory

Author: James Reist Stoner
Publisher: Univ Pr of Kansas
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American constitutionalism in general, James Stoner argues, and judicial review in particular cannot be fully understood without acknowledging their roots in both common law and liberal political theory.

Constitutional Justice

Author: T. R. S. Allan
Publisher: Oxford University Press on Demand
ISBN: 9780199267880
Size: 26.26 MB
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These common foundations include certain constraints on the exercise of state power, challenging the widespread view that the rule of law should be conceived as a purely procedural ideal.The book explains the essential connections between a ...

Common Law Natural Rights

Author: Ruben Alvarado
Publisher: WordBridge Publishing
ISBN: 9076660085
Size: 34.52 MB
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56 The law is more than statutes; it is more than that to which, pace Locke and
the entire natural-rights tradi- 53James R. Stoner, Common Law and Liberal
Theory: Coke, Hobbes, and the Origins of American Constitutionalism (Lawrence:
University of Kansas Press, 1994); Common-Law Liberty: Rethinking American
Constitutionalism (Lawrence: University of Kansas Press, 2003). 54Stoner,
Common Law and Liberal Theory, p. 7. 55Stahl, Principles of Law, pp. 18ff., 22ff.,

Common Law Liberty

Author: James Reist Stoner
Size: 66.83 MB
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"In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution.

Common Law Theory

Author: Douglas E. Edlin
Publisher: Cambridge University Press
ISBN: 1139465694
Size: 19.72 MB
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Theevolutionofcommonlawprinciple,promptedbychanging moral attitudes within
society at large, provides for the adaptation of traditional
valuestopresentconditions. Itenablesthe abstractclauses ofa “written”consti-
tutiontoacquirenewmeaningandgivesan“unwritten”constitutionitsprincipal legal
content. In performing such important tasks, moreover, the common law
presupposes a distinctive vision of liberal democracy: It aspires to nurture and
sustain a coherent constitutional morality, ...

Constitutional Context

Author: Kathleen S. Sullivan
Publisher: JHU Press
ISBN: 9780801896736
Size: 79.74 MB
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In treating the common law as a mere relic that would simply yield to liberal
principles, the woman suffragists underestimated the role of the common law in
social ordering in the United States. The common-law domestic relations had
served important functions in Locke's theory, and they served purposes in
American law. Judge Herttell recognized that the domestic relations played a role
in fixing the status of men and women and provided for obligations in the home to
be met.

The Egalitarian Spirit Of Christianity

Author: Stephen Strehle
Publisher: Routledge
ISBN: 1351296906
Size: 30.41 MB
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The paucity of evidence makes it difficult to determine a priority of influence
between Old English and Norman custom in the new system. R. C. van
Caenegem, The Birth of the English Common Law (Cambridge: Cambridge
University Press, 1973)4, 5, 12, 84, 109. 3. The Twelfth Part of the Reports of Sir
Edward Coke (London: R. and E. Atkins, 1677) 12.63, 64; Evans, The Theme is
Freedom, 82, 83, 162. 4. Stoner, Common Law and Liberal Theory, 19, 69, 84,
118. 5. Laws find their ...

The Cloaking Of Power

Author: Paul O. Carrese
Publisher: University of Chicago Press
ISBN: 9780226094830
Size: 74.26 MB
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See Stephen Siegel, “The Aristotelian Basis of English Law, 1450–1800”; and
James Stoner, “Common Law and Natural Law.” 34. See Stoner, “Coke's Life and
Law,” and “The Dialogue and Common Law,” in Common Law and Liberal
Theory, 13–26, 116–34; and Joseph Cropsey, “Introduction.” 35. See Stoner,
Common Law and Liberal Theory, 150–51; and David Resnick, “Locke and the
Rejection of the Ancient Constitution.” 36. Stoner, Common Law and Liberal
Theory, 157. 37.

Judges And Unjust Laws

Author: Douglas E Edlin
Publisher: University of Michigan Press
ISBN: 0472034154
Size: 29.59 MB
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See Brian Z. Tamanaha, On the Rule of Law: History, Politics, Theory (Cambridge
University Press, 2004), 56 (“[T]here was no sharp separation between public
and private law; the common law rules . . . were applied equally in actions
between citizens and between citizens and government officials. Accountability of
government officials to ordinary law in ordinary courts was the cornerstone of this
understanding.”); T.R.S. Allan, Constitutional Justice: A Liberal Theory of the Rule
of Law ...

Liberal Democracy And The Social Acceleration Of Time

Author: William E. Scheuerman
Publisher: JHU Press
ISBN: 9780801878855
Size: 67.71 MB
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Moreover, even Anglo-American liberal democracy was influenced by
Enlightenment critics of the common law, along with the relatively formalistic
conception of jurisprudence endorsed by the mainstream of the Enlightenment
tradition. Even those who underscore the common law background (e.g., Stoner,
Common Law and Liberal Theory) concede this point. Although space restraints
prevent me from adequately defending this claim, for now it must suffice to recall
that the influence ...