Cover

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Title Page, Copyright, Dedication

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pp. i-v

Contents

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pp. vii-viii

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Preface

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pp. ix-x

This book is about the intellectual underpinnings of that most American of political phenomena - the transformation of political questions into legal ones. As such, it treats a subject at the intersection of jurisprudence, legal history and political theory. It is an attempt...

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Acknowledgements

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pp. xi-xii

In the course of researching and writing this book I have relied on the generosity and assistance of many helpful teachers, institutions, colleagues, and friends, whom it is a pleasure now to acknowledge. In its original form as a dissertation, this study was...

Part I. Revolutions and Conceptual Change

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p. 1

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1. Political Thought and Historical Problematics

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pp. 3-9

The aim of this essay is to challenge the assumption of a basic unity of vision and purpose at the roots of Anglo-American jurisprudence through a study of the role of juries and judgment in revolutions. Through a comparative look at the relationship between English...

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2. Historical Transformations and Legal Legacies

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pp. 10-33

It has been said that in the absence of legal training, past historians have failed sufficiently to appreciate the relevance of law as a conceptual template, shaping the character of the American revolutionary project. One legal historian, John Reid, has even suggested...

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3. Juries and American Revolutionary Jurisprudence

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pp. 34-66

The colonial judiciary and particularly the jury system have been neglected subjects of early American law. Yet, it is common knowledge that the American colonies won their independence at a time when the jury system was being acclaimed as a fundamental...

Part II. From Judicial Space to Judicial Review: Four Perspectives on the Power of Judgment in American Politics

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p. 67

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4. Locating the 'Voice of the People'

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pp. 69-85

To examine John Adams' jurisprudence provides a convenient entree to one strand of legal thought which occupied colonials both during and immediately after the Revolution. His legal thinking contains many of the apparent disparities and inconsistencies...

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5. Law in the Context of Continuous Revolution

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pp. 86-105

In sharp contrast to Adams' fears of American declension, Thomas Jefferson's political and legal thought is buttressed by psychological optimism and inner certitude. Altogether missing from Jefferson's thought is any note of the tragic, or of the doubt, anguish...

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6. The Politics of Judicial Space

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pp. 106-136

From Alexander Hamilton's perspective, no mechanical structure 'checking and balancing' orders of men, such as Adams proposed, could alone save a 'factious' people from destroying itself. Nor could men rely, as Jefferson seemed to suggest, on the improvement...

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7. Government by Discussion: Continuing Debate over Judicial Space

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pp. 137-148

In the task of searching for ways to 'interpret' the American Constitution and to understand (so as to delimit) the function of the Supreme Court, constitutional and jurisprudential theorists have almost invariably begun with Marshall's principal...

Notes

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pp. 149-196

Bibliography

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pp. 197-220

Index

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pp. 221-228