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Law and Judicial Duty
Philip Hamburger
€ 74.21
€ 67.37
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Description for Law and Judicial Duty
Hardback. Challenging many modern assumptions about the extent of judicial power, and by exploring judicial duty in its social context, this book raises sobering questions about the nature of law and the possibility of government under law. Num Pages: 704 pages, 1 table. BIC Classification: 1KBB; LND. Category: (P) Professional & Vocational; (UP) Postgraduate, Research & Scholarly; (UU) Undergraduate. Dimension: 239 x 172 x 43. Weight in Grams: 1064.
Philip Hamburger’s Law and Judicial Duty traces the early history of what is today called “judicial review.” Working from previously unexplored evidence, Hamburger questions the very concept of judicial review. Although decisions holding statutes unconstitutional are these days considered instances of a distinct judicial power of review, Hamburger shows that they were once understood merely as instances of a broader judicial duty. The book’s focus on judicial duty overturns the familiar debate about judicial power. The book is therefore essential reading for anyone concerned about the proper role of the judiciary. ... Read more
Philip Hamburger’s Law and Judicial Duty traces the early history of what is today called “judicial review.” Working from previously unexplored evidence, Hamburger questions the very concept of judicial review. Although decisions holding statutes unconstitutional are these days considered instances of a distinct judicial power of review, Hamburger shows that they were once understood merely as instances of a broader judicial duty. The book’s focus on judicial duty overturns the familiar debate about judicial power. The book is therefore essential reading for anyone concerned about the proper role of the judiciary. ... Read more
Product Details
Format
Hardback
Publication date
2008
Publisher
Harvard University Press
Condition
New
Number of Pages
704
Place of Publication
Cambridge, Mass, United States
ISBN
9780674031319
SKU
V9780674031319
Shipping Time
Usually ships in 7 to 11 working days
Ref
99-1
About Philip Hamburger
Philip Hamburger is Maurice and Hilda Friedman Professor of Law at Columbia Law School and President of the New Civil Liberties Alliance. A member of the American Academy of Arts and Sciences, he is the author of Separation of Church and State, Law and Judicial Duty, and Is Administrative Law Unlawful?
Reviews for Law and Judicial Duty
A work of exemplary scholarship that sheds abundant new light on a complex and controversial subject.
Charles F. Hobson, editor of The Papers of John Marshall Law and Judicial Duty is legal history on a grand scale. The book will reshape the scholarly debate about the origins and nature of judicial review.
R. Kent Newmyer, author of John ... Read more Hamburger is an accomplished and assiduous legal historian, and his book is a work of imposing scholarship...The history that Hamburger has excavated is genuinely fascinating, and it may alter the terms of debate among constitutional theorists, preoccupied as many of them are with origins...[It's] a pleasure to read, and that is in part because of the enormous labor that its author poured into it. Clearly it was a labor of love...Philip Hamburger has not only greatly enriched legal history, but he has enabled us to see, if not what the judges of old actually thought, let alone what unconscious thoughts and emotions motivated them, then at least how they wished to be seen; and that is an important part of a proper understanding of judicial behavior, ancient and modern.
Richard A. Posner
New Republic
In Law and Judicial Duty, Hamburger provides by far the most comprehensive historical account of the ideal of judicial duty that undergirded our framers' construction of the federal judiciary.
Michael W. McConnell
First Things
Show Less
Charles F. Hobson, editor of The Papers of John Marshall Law and Judicial Duty is legal history on a grand scale. The book will reshape the scholarly debate about the origins and nature of judicial review.
R. Kent Newmyer, author of John ... Read more Hamburger is an accomplished and assiduous legal historian, and his book is a work of imposing scholarship...The history that Hamburger has excavated is genuinely fascinating, and it may alter the terms of debate among constitutional theorists, preoccupied as many of them are with origins...[It's] a pleasure to read, and that is in part because of the enormous labor that its author poured into it. Clearly it was a labor of love...Philip Hamburger has not only greatly enriched legal history, but he has enabled us to see, if not what the judges of old actually thought, let alone what unconscious thoughts and emotions motivated them, then at least how they wished to be seen; and that is an important part of a proper understanding of judicial behavior, ancient and modern.
Richard A. Posner
New Republic
In Law and Judicial Duty, Hamburger provides by far the most comprehensive historical account of the ideal of judicial duty that undergirded our framers' construction of the federal judiciary.
Michael W. McConnell
First Things
Show Less