Due Process of Law: A Brief History

Paperback (Print)
Buy New
Buy New from BN.com
$9.39
Used and New from Other Sellers
Used and New from Other Sellers
from $1.99
Usually ships in 1-2 business days
(Save 80%)
Other sellers (Paperback)
  • All (15) from $1.99   
  • New (6) from $7.28   
  • Used (9) from $1.99   

Overview


Many rights that Americans cherish today go unmentioned in the U.S. Constitution. Where do these freedoms come from? John V. Orth answers that question in this unique and gem-like history of due process.

No person's life, liberty, or property may be taken without "due process of law." What exactly that means has been one of the most frequently asked questions in American constitutional history. Today, the answer is usually given in two parts: what procedures the government must follow and—in exceptional cases—what the government cannot do even if it follows the proper procedures. The procedural aspect of this answer has been far less controversial than "substantive due process," which at one time limited government regulation of business and today forbids the states from outlawing abortions.

"Due process of law," as a phrase and as a concept, was already old at the time it was adopted by American constitution-writers, both state and federal. Mindful of the English background and of constitutional developments in the several states, Orth in a succinct and readable narrative traces the history of due process, from its origins in medieval England to its applications in the latest cases.

Departing from the usual approach to American constitutional law, Orth places the history of due process in the larger context of the common law. To a degree not always appreciated today, constitutional law advances in the same case-by-case manner as other legal rules. In that light, Orth concentrates on the general maxims or paradigms that guided the judges in their decisions of specific cases. Uncovering the links between one case and another, Orth describes how a commitment to fair procedures made way for an emphasis on the protection of property rights, which in turn led to a heightened sensitivity to individual rights in general.

This unconventional history of the concept of due process heightens the reader's understanding of an important and vexed question of Anglo-American law and constitutionalism. Tracing the evolution of substantive due process through paradigmatic and exemplary cases, Orth explains in understandable terms the sources of controversial judicial rulings like Roe v. Wade.

Read More Show Less

Product Details

  • ISBN-13: 9780700612420
  • Publisher: University Press of Kansas
  • Publication date: 1/15/2003
  • Edition description: New Edition
  • Pages: 116
  • Sales rank: 716,928
  • Product dimensions: 7.12 (w) x 6.56 (h) x 0.42 (d)

Table of Contents


Preface

1. Introduction. Getting Down to Cases

2. Case I. Making a Man a Judge in His Own Case: Procedural Due Process

3. Case II. Taking from A and Giving to B: The Ambiguous Pardigm

4. Case II Continued. Taking from A Giving to B: Economic Substantive Due Process

5. Case III. Taking from A: Noneconomic Substantive Due Process

6. Conclusion. Due Process of Law: Procedure and Substance

Selected Bibliography

Tables of Cases

Index

Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)