Foundations of American Constitutionalism

By: David A. J. Richards

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Hardcover | 1 January 2000

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Hardcover
332 Pages

Dimensions(cm)
24.3 x 16.2 x 3.1

Hardcover

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David Richards here argues the position that understanding the intent of the Founders is essential to the legal interpretation of the United States Constitution. To this extent he makes common cause with conservative constitutional theorists, but he arrives at conclusions that differ radically from theirs. Indeed, his stated project here is to `reclaim'' the Founders intent on behalf of the liberal humanist tradition they embodied.Richards examines the role of the Founders'' understanding of history, philosophy, political theory, and political science in the evolution of their constitutional design. In his reconstruction, the Constitution emerges as a brilliant expression of European humanist and critical thought, shaped by such influences as the political ideas of Machiavelli, Harrington, Montesquieu, and Hume, the Lockean theory of legitimate government, and the common law model of interpretive practice.Armed with this new understanding of the Founders'' intent, Richards is able to fully develop the methodology of constitutional interpretation sketched in his earlier book, TOLERATION AND THE CONSTITUTION (OUP 1986), and uses it effectively to defend a liberal reading of constitutional guarantees of individual rights.

Industry Reviews

"Richard's interpretive theory is persuasive. His broad, humanistic, interdisciplinary approach is a very attractive one. There is much material for thought here."--History "Richards' thesis is obviously contentious, but its impressive exposition may well have judicial conservatives reeling as they find themselves hoist on their own petard." American Politics Review "This volume is scholarly and well written, and it advances new and compelling methodologies in legal analysis. It is a significant step forward and highly recommended."--The Annals of the American Academy of Political Science "His presentation of the framers' understanding of political psychology in support of this claim is illuminating and his book provides a valuable source of references to works in constitutional history and theory."--Ethics "Within the voluminously accumulating literature resulting not only from the bicentennial celebrations of our political institutions but also from the growing contemporary concerns about human rights and fundamental laws, Richards' though-provoking, well-argued, and scholarly work on American constitutionalism wins high place." Transactions of the C.S. Pierce Society

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