Intervention and Detachment: Essays in Legal History and Jurisprudence

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Overview

This collection of essays by G. Edward White provides, in one place, discussion of a number of the substantive issues of current interest in American legal history and jurisprudence. Ranging through a diverse body of subjects, including "doing history" (methodology and practice), judicial review, and the politics of jurisprudence, the author both explores important topics and raises critical issues affecting the process of writing legal history. Topics include the nature and process of "revisionism" in historical writing, the role of lawyers in the New Deal, the roles of evidence and interpretation in legal history, critical theory, the significance of the Supreme Court in American culture, the historiography of the Marshall Court, and the career of Justice Oliver Wendell Holmes. Written by one of the nation's preeminent legal historians, Intervention and Detachment skillfully integrates the theoretical and the concrete, offering scholars and students a vital survey of modern American legal history.

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Product Details

  • ISBN-13: 9780195084962
  • Publisher: Oxford University Press, USA
  • Publication date: 1/6/1994
  • Edition description: New Edition
  • Pages: 320
  • Product dimensions: 6.06 (w) x 9.25 (h) x 0.74 (d)

Table of Contents

Introduction
I. Doing History: Methodology
Truth and Interpretation in Legal History
The Text, Interpretation, and Critical Standards
The Art of Revising History: Revisting The Marshall Court
II. Doing History: Practice
The Intergrity of Holmes' Jurisprudence
Looking at Holmes in the Mirror
Revisiting the New Deal Legal Generation
Felix Frankfurter, the Old Boy Network, and the New Deal: The Placement of Elite Lawyers in Public Service in the 1930s
III. Judicial Review
Reflections on the Role of the Supreme Court: The Contemporary Debate and the "Lessons" of History
Judicial Activism and the Identity of the Legal Profession
Chief Justice Marshall, Justice Holmes, and the Discourse of Constitutional Adjudication
IV. The Politics of Jurisprudence
The Inevitability of Critical Legal Studies
From Realism to Critical Legal Studies: A Truncated Intellectual History
Conclusion
Index

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