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Reading Law Forward: The Making of a Democratic Jurisprudence from John Marshall to Stephen G. Breyer

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Reading Law Forward: The Making of a Democratic Jurisprudence from John Marshall to Stephen G. Breyer - Hoffer, Peter Charles
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"In the current legal climate where "everyone is an originalist," conventional wisdom suggests that judges merely find, rather than make, law. Orthodox common-law jurisprudence makes fidelity to the past the central goal and criterion. By contrast, the alternative approach, "reading the law forward"-what some call judicial pragmatism or consequentialism-is viewed as heretical. Rather than mount a theoretical defense of a forward-thinking jurisprudence, legal historian Peter Hoffer offers an empirical study of how this ...

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Reading Law Forward: The Making of a Democratic Jurisprudence from John Marshall to Stephen G. Breyer 2023, University Press of Kansas

ISBN-13: 9780700635085

Hardcover