Constitutionalism and American Culture: Writing the New Constitutional Historyby Sandra F. Vanburkleo
Taking their cue from the late Paul L. Murphy, one of our nation's leading legal historians, this illustrious group of scholars argues that the field of constitutional history is "too important to be left solely to lawyers and judges." Their "state-of-the-field" volume reclaims constitutional history's rightful place as a vital and necessary part of our intellectual… See more details below
Taking their cue from the late Paul L. Murphy, one of our nation's leading legal historians, this illustrious group of scholars argues that the field of constitutional history is "too important to be left solely to lawyers and judges." Their "state-of-the-field" volume reclaims constitutional history's rightful place as a vital and necessary part of our intellectual enterprise, in part by pushing the field onto fresh, even controversial, terrain.
Much as Murphy has done, these scholars contend that this restoration is much needed and will greatly enrich judicial and public policy, advance a tradition of justice worthy of America's democratic aspirations, give due attention to cultural contexts, and, most importantly, afford Americans a richer understanding of their constitutional heritage.
Their essays explore, for example, the ways in which previously excluded groups have come more fully into the Constitution's orbit of freedom, the ongoing importance of institutions and doctrines, and the ways in which theory and informal texts might enrich the field. How, they ask, might scholars take account of the lived experiences of litigants, reformers, and lawyers in the forging of constitutional change?
A kind of prospectus for the future of American constitutional history, these essays address fundamental questions about the field and its evolution. More important, they persuasively argue that the best way to reinvigorate the study of constitutionalism is to reconnect it to its social and cultural contexts, to appreciate the continuing necessity of archival research, to recognize and support the value of new approaches and perspectives, and to reaffirm in the end that the best way to explain the history of rights is to remember the courage of the people who had the vision and conviction to put the judges through their constitutional paces.
All royalties from the sale of this book are contributed to the Paul L. Murphy Prize Fund sponsored by the American Society for Legal History.
- University Press of Kansas
- Publication date:
- Product dimensions:
- 6.42(w) x 9.16(h) x 1.43(d)
Table of Contents
|Pt. I||Constitutional Contexts|
|1||Constitutional Contexts: The Theory of History and the Process of Constitutional Change in Revolutionary America||3|
|2||The Inverted Constitution: Enforcing Constitutional Rights in the Nineteenth Century||29|
|3||The Rise and Fall of Classical Legal Thought: Preface to the Modern Constitution||64|
|Pt. II||The Modern Constitutional Republic in Historical Perspective|
|4||Free Speech and the Bifurcated Review Project: The "Preferred Position" Cases||99|
|5||The Roles of Lawyers in a Civil Liberties Crisis: Hawaii During World War II||123|
|6||Constitutional Equality for Women: Losing the Battle but Winning the War||174|
|7||The Warren Court and Equality||211|
|8||The Overlooked Litigant in Tinker v. Des Moines Independent Community School District (1969)||240|
|9||Cultural History and the First Amendment: New York Times v. Sullivan and Its Times||267|
|Pt. III||New Directions in American Constitutional History|
|10||"Words as Hard as Cannon-Balls": Women's Rights Agitation and Liberty of Speech in Nineteenth-Century America||307|
|11||Race, State, Market, and Civil Society in Constitutional History||359|
|12||Constitutional History and the "Cultural Turn": Cross-Examining the Legal-Reelist Narratives of Henry Fonda||381|
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