This is the standard reader in American law and constitutional development. The selections demonstrate that the legal order, once defined by society, helps in molding the various forces of the social life of that society. The essays cover the entire period of the American experience, from the colonies to postindustrial society. Additions to this enlarged edition include essays by Michael Parrish on the Depression and the New Deal; Abram Chayes on the role of the judge in public law litigation; David Vogel on social regulation; Harry N. Scheiber on doctrinal legacies and institutional innovations in the relation between law and the economy; and Lawrence M. Friedman on American legal history.
The American Constitutional Order: History, Cases, and Philosophy
American Law and the Constitutional Order: Historical Perspectives Ed. by Lawrence M. Friedman and Harry N. Scheiber
He concludes with predictions about the type of regulation we can expect from the new order. This is a major new analysis of the constitutional arrangements in the United States.
Now Professor Friedman has completely revised and enlarged his landmark work, incorporating a great deal of new material. The book contains newly expanded notes, a bibliography and a bibliographical essay.
More than a historical overview, the book also considers the development of same-sex marriage as a political and legal issue in our time.
The American Constitutional Order: History, Cases, and Philosophy
The American Constitutional Order: History, Cases, and Philosophy
7 Politicians sometimes tinker with the details of super-statutes, and their ability to do so is what makes these things statutes rather than constitutional provisions. In practical political terms, though, super-statutes are as ...
In the former, order is made; in the latter, discovered. Paul W. Kahn shows how project and system have long been at work in our theological and philosophical tradition.
Some of the essays are broad in scope, reflecting on national character, patriotism, and political theory; exploring whether war and republican government are compatible; and considering in what sense we can be said to be in wartime ...