Book contents
- Taming the Past
- Studies in Legal History
- Taming the Past
- Copyright page
- Dedication
- Contents
- Foreword
- Permissions
- Introduction
- Part I The Common Law Tradition in Legal Historiography
- Part II Legal Historians
- Part III History and Historicism in Legal History and Argument
- 10 Historicism in Legal Scholarship*
- 11 Critical Legal Histories*
- 12 The Past as Authority and as Social Critic: Stabilizing and Destabilizing Functions of History in Legal Argument*
- 13 Taming the Past: Histories of Liberal Society in American Legal Thought*
- 14 Originalism and Nostalgic Traditionalism
- 15 Undoing Historical Injustice*
- Index
14 - Originalism and Nostalgic Traditionalism
from Part III - History and Historicism in Legal History and Argument
Published online by Cambridge University Press: 13 July 2017
- Taming the Past
- Studies in Legal History
- Taming the Past
- Copyright page
- Dedication
- Contents
- Foreword
- Permissions
- Introduction
- Part I The Common Law Tradition in Legal Historiography
- Part II Legal Historians
- Part III History and Historicism in Legal History and Argument
- 10 Historicism in Legal Scholarship*
- 11 Critical Legal Histories*
- 12 The Past as Authority and as Social Critic: Stabilizing and Destabilizing Functions of History in Legal Argument*
- 13 Taming the Past: Histories of Liberal Society in American Legal Thought*
- 14 Originalism and Nostalgic Traditionalism
- 15 Undoing Historical Injustice*
- Index
Summary
[This essay consolidates drafts of several public talks given in various venues, ranging from the scholarly (Wesleyan University, Yale Law School, University of Southern California) to the political (American Constitution Society meetings) between about 2005 and the present day. These talks were more frankly partisan and polemical than most of my writing and possibly less generous to opposing views than they should have been; but their main points still seem to me basically right.]
- Type
- Chapter
- Information
- Taming the PastEssays on Law in History and History in Law, pp. 361 - 381Publisher: Cambridge University PressPrint publication year: 2017