Book Memory and Authority: The Uses of History in Constitutional Interpretation PDF Download - Jack M. Balkin
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Memory and Authority: The Uses of History in Constitutional Interpretation
Jack M. Balkin
Page: 384
Format: pdf, ePub, mobi, fb2
ISBN: 9780300272222
Publisher: Yale University Press
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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.
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Theories of constitutional interpretation
the High Court 'has in general rejected the use of extrinsic historical material in the interpretation of the Constitution'.65 These statements can be
Memory law
A memory law is a legal provision governing the interpretation of historical events and showcases the legislator's or judicial preference for a certain
Memory and Authority
Jack M. Balkin argues that fights over constitutional interpretation are often fights over collective memory. Lawyers and judges construct—and erase—memory to
LAWYERS AND HISTORIANS ARGUE ABOUT THE
by JM Balkin · 2020 · Cited by 22 —
Introduction: Constitutional Justice and Collective Memory
Judicial memory is thus a subset of what Philip Bobbitt calls ethical constitutional argument: argument from the national ethos.15In the case of historical evil
8 Conclusion: Memory in the Balance - Oxford Academic
AbstractThis conclusion takes stock of the preceding chapters. It asks whether courts should invoke the memory of historical evil and, if so, how.
Memory and Authority The Uses of History in Constitutional
Full Title: Memory and Authority: The Uses of History in Constitutional Interpretation ; Edition: 1st edition ; ISBN-13: 978-0300272222 ; Format: Paperback/
IT IS A CONSTITUTION WE ARE EXPOUNDING
Zeppos, The Uses of Authority in Statutory Interpretation: An Empirical Constitutional law is about precedent, and text, and history, and law. But it is also