John Marshall's Law: Interpretation, Ideology, and InterestBloomsbury Academic, 21. 7. 1994. - 192 страница This study draws on critical historical analysis and contemporary language theory to illuminate John Marshall's jurisprudence and political philosophy in new ways. It challenges both liberal and conservative views and it defines Marshall's constitutional interpretations, political ideology, and pragmatic interests anew. It shows how his pragmatism and republican revisionism impacted decisions about matters of property, contract, and debt. Legal scholars, political scientists, and historians interested in law and language, 19th-century history, and republicanism will find this study especially interesting. |
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Страница 3
... Faulkner interpreted a Lockean Marshall , whose nationalism was held in firm bounds by respect for federal principles . " Faulkner , while acknowledging the ingenuity of Crosskey's arguments , rejected his " attribution to Marshall of ...
... Faulkner interpreted a Lockean Marshall , whose nationalism was held in firm bounds by respect for federal principles . " Faulkner , while acknowledging the ingenuity of Crosskey's arguments , rejected his " attribution to Marshall of ...
Страница 9
... Faulkner regarded Marshall as a kind of repub- lican in his important analysis of Marshall's jurisprudence . But Faulkner's re- publicanism was drawn directly from the classics , by way of Leo Strauss , unaffected by the work of Bailyn ...
... Faulkner regarded Marshall as a kind of repub- lican in his important analysis of Marshall's jurisprudence . But Faulkner's re- publicanism was drawn directly from the classics , by way of Leo Strauss , unaffected by the work of Bailyn ...
Страница 77
... Faulkner's work on Marshall , which , like those just mentioned , was published before republican interpretations ... Faulkner's Straussian orientation does , however , have a classical cast , which connects with the deepest roots of ...
... Faulkner's work on Marshall , which , like those just mentioned , was published before republican interpretations ... Faulkner's Straussian orientation does , however , have a classical cast , which connects with the deepest roots of ...
Садржај
Introduction | 1 |
Law and Language in AngloSaxon Jurisprudence | 15 |
John Marshall and the Interpretive Enterprise | 37 |
Ауторска права | |
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John Marshall's Law: Interpretation, Ideology, and Interest Thomas Shevory Приказ није доступан - 1994 |
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Amendment American analysis appeal argued argument attempted authority bank bankruptcy Barron Beveridge bills Blackstone Blackstone's Bork Brockenbrough C. C. Little century charter Chicago Coke Coke's Reports Commentaries common law compact theory conflict Congress consent considered constitutional interpretation construction context contract clause contractarianism corporate Crosskey Dartmouth College debt decision defend democratic economic Faulkner federal grant Harvard Law Review History Hobbes Ibid interest Interpretivism issue Jeffersonian John Marshall John Marshall's Defense Joseph Story judge jurisdiction jurisprudence justice language Law Review legal interpretation legislative legislature legitimacy legitimate liberal linguistic Locke Locke's Madison Marbury Marshall Court Marshall's Marshall's interpretation Marshall's view McCulloch meaning nature obligations opinion original intent party political principles property rights protection reason republican rhetorical Roane's Robert Bork rules sense shall's simply social contract sovereignty specific Spencer Roane statute Story Story's Supreme Court Thomas Jefferson tradition U.S. Constitution Virginia virtue Washington Wheaton William words York