Memory and Authority: The Uses of History in Constitutional Interpretation (Yale Law Library Series in Legal History and Reference)
$35.00
Description
Book Synopsis: From one of the nation’s 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 Court’s 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 construct—and erase—memory 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.
Details
Harness the power of history to gain a competitive edge with "Memory and Authority: The Uses of History in Constitutional Interpretation." This groundbreaking book, part of the prestigious Yale Law Library Series in Legal History and Reference, offers a fresh perspective on how history can be used to establish authority in constitutional disputes. Whether you're a lawyer, judge, or legal scholar, this comprehensive guide will equip you with the tools to make the past speak your values and successfully navigate the ever-evolving world of constitutional interpretation.
In the current landscape of legal battles, fights over history lie at the heart of the most significant constitutional disputes in America. Here's where "Memory and Authority" comes in: Jack M. Balkin, a leading constitutional scholar, unveils the fascinating connection between fights over constitutional interpretation and collective memory. By skillfully constructing and erasing memory, lawyers and judges can lend authority to their present-day views and claim to follow the past. Balkin reveals how seemingly opposing approaches, such as originalism and living constitutionalism, are actually intertwined, sharing a common reliance on history to adapt an ancient constitution to a constantly changing world.
What sets "Memory and Authority" apart is its exploration of how lawyers and judges wield history to shape legal arguments and influence their interpretation. Balkin examines how they selectively invoke history to bolster their claims while undermining opposing views' authority. By understanding this interplay between history and the law, legal professionals can strengthen their advocacy and demonstrate expertise in legal disputes. By bridging the gap between historians and lawyers, Balkin provides actionable insights on how these two disciplines can contribute to the development of comprehensive legal arguments.
Elevate your understanding and practice of constitutional interpretation with "Memory and Authority: The Uses of History in Constitutional Interpretation." Don't miss this chance to gain a strategic advantage in the courtroom and become a respected authority in your field. Take the first step toward mastery by ordering your copy today!
Order now to unlock the secrets of history's authority in constitutional interpretation.
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