Memory and Authority: The Uses of History in Constitutional Interpretation (Yale Law Library Series in Legal History and Reference) free ebook download.

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Memory and Authority: The Uses of History in Constitutional Interpretation (Yale Law Library Series in Legal History and Reference) free ebook download

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Author(s):	Jack M. Balkin

Date:	2024	Format:	epub	Language:	English	ISBN/ASIN:	0300272227
Pages:	384	OCR:		Quality:		ISBN13:
Uploader:	risotor	Upload Date:	6/4/2024 12:30:56 PM

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0300272227 epub
From one of the nations preeminent constitutional scholars, a sweeping rethinking of the uses of history in constitutional interpretation
 
Fights over history are at the heart of most important constitutional disputes in America. The Supreme Courts current embrace of originalism is only the most recent example of how lawyers and judges try to use history to establish authority for their positions. Jack M. Balkin argues that fights over constitutional interpretation are often fights over collective memory. Lawyers and judges constructand erasememory to lend authority to their present-day views  they make the past speak their values so they can then claim to follow it. The seemingly opposed camps of originalism and living constitutionalism are actually mirror images of a single phenomenon: how lawyers use history to adapt an ancient constitution to a constantly changing world.
 
Balkin shows how lawyers and judges channel history through standard forms of legal argument that shape how they use history and even what they see in history. He explains how lawyers and judges invoke history selectively to construct authority for their claims and undermine the authority of opposing views. And he elucidates the perpetual quarrel between historians and lawyers, showing how the two can best join issue in legal disputes. This book is a sweeping rethinking of the uses of history in constitutional interpretation.
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Tags: Authority Constitutional History History Interpretation Legal Library Memory Reference Yale

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