Memory and Authority

Memory and Authority
Author :
Publisher : Yale University Press
Total Pages : 379
Release :
ISBN-10 : 9780300272222
ISBN-13 : 0300272227
Rating : 4/5 (22 Downloads)

Book Synopsis Memory and Authority by : Jack M. Balkin

Download or read book Memory and Authority written by Jack M. Balkin and published by Yale University Press. This book was released on 2024-02-27 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Memory and Authority Related Books

Memory and Authority
Language: en
Pages: 379
Authors: Jack M. Balkin
Categories: Law
Type: BOOK - Published: 2024-02-27 - Publisher: Yale University Press

DOWNLOAD EBOOK

From one of the nation's preeminent constitutional scholars, a sweeping rethinking of the uses of history in constitutional interpretation Fights over history a
The Book of Memory
Language: en
Pages: 289
Authors: Petina Gappah
Categories: Fiction
Type: BOOK - Published: 2016-02-02 - Publisher: Farrar, Straus and Giroux

DOWNLOAD EBOOK

The story that you have asked me to tell you does not begin with the pitiful ugliness of Lloyd’s death. It begins on a long-ago day in August when the sun sea
H-BOMB POWER ENGLISH MEMORY: SON'S AUTHORITY
Language: en
Pages: 181
Authors: Jane Ahn
Categories:
Type: BOOK - Published: 2014-08-05 - Publisher: Onenara Systems

DOWNLOAD EBOOK

Can English be truly the world language? "English is the only language used in international air traffic control and is virtually the only language of a whole r
The Book of Memory
Language: en
Pages: 875
Authors: Mary Carruthers
Categories: Literary Criticism
Type: BOOK - Published: 2008-05-01 - Publisher: Cambridge University Press

DOWNLOAD EBOOK

Mary Carruthers's classic study of the training and uses of memory for a variety of purposes in European cultures during the Middle Ages has fundamentally chang
Law, Memory, Violence
Language: en
Pages: 269
Authors: Stewart Motha
Categories: Law
Type: BOOK - Published: 2016-02-22 - Publisher: Routledge

DOWNLOAD EBOOK

The demand for recognition, responsibility, and reparations is regularly invoked in the wake of colonialism, genocide, and mass violence: there can be no victim