Common law and liberal theory
Subtitle: Coke, Hobbes, and the origins of American constitutionalism
By: James R. Stoner, Jr.
Publisher: University Press of Kansas; Univ Pr of Kansas
Published: 1992
Place of publication: Lawrence, Kan
Language: eng
Number of pages: 287
Subjects: Coke, Edward, Sir, 1552-1634.; Hobbes, Thomas, 1588-1679.; Common law -- England.; Constitutional law -- United States.; Judicial power -- United States.; Liberalism -- History.
Description: "American constitutionalism in general, James Stoner argues, and judicial review in particular cannot be fully understood without acknowledging their roots in both common law and liberal political theory. But for the most part, the common law underpinnings of constitutionalism have received short shrift."--BOOK JACKET. "Through close study of liberal political philosopher Thomas Hobbes and the writings of Edward Coke, a seventeenth century judge and parliamentarian whose opinion in Doctor Bonham's Case (1610) was once viewed as a precedent for the modern practice of judicial review, Stone establishes a dialogue between two schools of thought. The contrast that emerges between liberalism, with its scientific ambitions, and common law opens up a fresh perspective on the foundations of the American regime."--BOOK JACKET. "Stoner reexamines the sources of judicial review and the American founding. He focuses on Hobbes and Coke as representative of the two traditions but also includes chapters on Locke, Montesquieu, Blackstone, and The Federalist Papers. His careful reading of the influences of and conflicts between liberalism and common law will cast new light on the controversy over the origins of American constitutionalism."--BOOK JACKET.
Notes: Includes bibliographical references (p. 267-276) and index.
Revision of author's thesis--Harvard University.