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Freedom and the Rule of Law takes a critical look at the historical beginnings of law in the United States, and how that history has influenced current trends regarding law and freedom. Anthony Peacock has compiled articles that examine the relationship between freedom and the rule of law in America. Although this is a theme that has been a perennial one since America's founding, it is also one of particular importance today, and this book explains how history makes this apparent. The rule of law is fundamental to all liberal constitutional regimes whose political orders recognize the equal natural rights of all, and whose purpose is to protect those natural rights in addition to the general welfare. The rule of law was essential to achieving both of these ends and to reconciling them where necessary. But just how free is America today? It was certainly within the contemplation of the Founders that the federal judiciary would have a significant role in interpreting the Constitution, federal laws, and treaties, but it would be difficult to argue that those who framed and ratified the Constitution contemplated a role for the courts, particularly for the United States Supreme Court, of the magnitude they have today.
The writers take the reader far back into history to the very roots of American Law by examining the English common law roots that provided the foundation for the rule of law in America. This book explores these phenomena and other recent developments in American freedom through history.
Published | Dec 30 2009 |
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Format | Hardback |
Edition | 1st |
Extent | 302 |
ISBN | 9780739136188 |
Imprint | Lexington Books |
Dimensions | 9 x 6 inches |
Publisher | Bloomsbury Publishing |
In modern American society, the rule of law is so regularly taken for granted that there is little appreciation for its importance or for what life would be like without it. Yet it was of critical importance to our founders, and is linked inextricably with the separation of powers system. Perhaps because we Americans take the rule of law for granted, we may not realize the extent to which the concept has been severely undermined of late. Freedom and the Rule of Law will serve as a reminder to its readers of how central the rule of law is to our Constitution, and of what we Americans stand to lose from its continued erosion. Anthony Peacock has assembled a terrific group of scholars to make this case on a variety of fronts, and readers will very much profit from their efforts.
Ronald J. Pestritto, author of Woodrow Wilson and the Roots of Modern Liberalism and America Transformed: The Rise and Legacy of American Progressivism, Hillsdale College
Anthony Peacock has assembled a superb team of scholars who discuss and analyze the evolving role of the judiciary and its impact on the rule of law in the United States. The essays offer much provocative food for thought as the authors demonstrate how contemporary visions of the rule of law and the role of the judiciary deviate from the original understanding that informed the Framers' constitutional vision. Scholars and students alike will find much to discuss in this edited volume. No doubt it will inform and enliven debates in constitutional law classes across the country...
Mark Rush, head of the department of politics and director of the Program in International Finance and Commerce, Washington and Lee Univers
Anthony Peacock has assembled a superb team of scholars who discuss and analyze the evolving role of the judiciary and its impact on the rule of law in the United States. The essays offer much provocative food for thought as the authors demonstrate how contemporary visions of the rule of law and the role of the judiciary deviate from the original understanding that informed the Framers' constitutional vision.
Scholars and students alike will find much to discuss in this edited volume. No doubt it will inform and enliven debates in constitutional law classes across the country.
Mark Rush, head of the department of politics and director of the Program in International Finance and Commerce, Washington and Lee Univers
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