Patriots and Cosmopolitans: Hidden Histories of American LawHarvard University Press, 2007 M02 28 - 406 pages Ranging widely from the founding era to Reconstruction, from the making of the modern state to its post-New Deal limits, John Fabian Witt illuminates the legal and constitutional foundations of American nationhood through the little-known stories of five patriots and critics. He shows how law and constitutionalism have powerfully shaped and been shaped by the experience of nationhood at key moments in American history. |
From inside the book
Results 1-5 of 65
... traditions across repeated regime change from one constitutional order to another , the United States consists of a constitutional order that has persisted over time . If elsewhere nationhood has been an ethnocultural or political fact ...
... Tradition in America . In The Liberal Tradition , first published in 1955 , Hartz diagnosed the American national condition as a monolithic tradition of " fixed , dogmatic liberal- ism " that was remarkably impervious to international ...
... traditions , not one . Traditions of ascriptive racism , communitarian republicanism , hierarchical domination , and ... tradition of bounded contingency in the law . " Bounded contingency " emphasizes the permeability of American ...
... traditions from which those institutions spring — the Constitution , the Bill of Rights , and the history of Anglo - American liberty , to name some of the most prominent.10 This book explores American nationhood in both the insti ...
... tradition that the limits and varieties of American nationhood become apparent . As Alexander Hamil- ton rightly anticipated in 1787 , a critically important element of American constitutionalism has been its remarkable ( though not ...
Contents
CREATIONS | 11 |
Founding Visions in the Life of James Wilson | 13 |
EXITS | 81 |
Exit and Voice in the Reconstruction Nation | 83 |
CRITIQUES | 153 |
Crystal Eastman and the Puzzle of American Civil Liberties | 155 |
REACTIONS | 207 |
Melvin Belli Roscoe Pound and the CommonLaw Nation | 209 |
Law and the National Frame | 277 |
Notes | 285 |
Acknowledgments | 381 |
Index | 383 |
Other editions - View all
Patriots and Cosmopolitans: Hidden Histories of American Law John Fabian Witt,Witt Limited preview - 2007 |