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• catalog abstract ""Common-Law Liberty is a rediscovery and reassertion of the common law's central contributions to and enduring impact on American constitutional law. Stoner illuminates the common law's ties to an entire way of life, inextricably linked to the Founding and American constitutionalism, influenced by Christianity, closely connected to the development of free enterprise, and open to the influences of modern science and democracy." "Stoner delineates two common laws: one understood by the Founders and rooted in British traditions of jurisprudence and one that, thanks to jurists like Holmes and Cardozo, corrupted the first by redefining common law as mere "judge-made law" or "judicial process," dangerously disconnected from the values and norms of the communities it serves. The latter, for Stoner, has been a disastrous development, shrouding the common law's original meaning and vitality, replacing its spirited liberty with personal license, giving far too much discretion to judges who wish to depart from tradition and precedent, and, thus, undermining our constitutional system of checks and balances." "In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age." "Drawing upon themes from his first book, as well as numerous articles, papers, and lectures produced during the past decade. Stoner crystallizes and reintegrates this body of work. By applying and contrasting both understandings of the common law to specific cases - including free speech, abortion, and religious liberty - he hopes to reclaim essential principles long buried but, in his view, desperately needed to preserve the integrity of our nation's polity and its hold on our moral imagination."--Jacket.".
• catalog contributor b12872803.
• catalog created "2003.".
• catalog date "2003".
• catalog date "2003.".
• catalog dateCopyrighted "2003.".
• catalog description ""Common-Law Liberty is a rediscovery and reassertion of the common law's central contributions to and enduring impact on American constitutional law. Stoner illuminates the common law's ties to an entire way of life, inextricably linked to the Founding and American constitutionalism, influenced by Christianity, closely connected to the development of free enterprise, and open to the influences of modern science and democracy."".
• catalog description ""Drawing upon themes from his first book, as well as numerous articles, papers, and lectures produced during the past decade. Stoner crystallizes and reintegrates this body of work. By applying and contrasting both understandings of the common law to specific cases - including free speech, abortion, and religious liberty - he hopes to reclaim essential principles long buried but, in his view, desperately needed to preserve the integrity of our nation's polity and its hold on our moral imagination."--Jacket.".
• catalog description ""In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age."".
• catalog description ""Stoner delineates two common laws: one understood by the Founders and rooted in British traditions of jurisprudence and one that, thanks to jurists like Holmes and Cardozo, corrupted the first by redefining common law as mere "judge-made law" or "judicial process," dangerously disconnected from the values and norms of the communities it serves. The latter, for Stoner, has been a disastrous development, shrouding the common law's original meaning and vitality, replacing its spirited liberty with personal license, giving far too much discretion to judges who wish to depart from tradition and precedent, and, thus, undermining our constitutional system of checks and balances."".
• catalog description "Common law and Constitution : original understanding, republican synthesis, and modern transformation -- Fighting words : common law and liberalism in the American doctrine of free speech -- Religious liberty and common law : free-exercise exemptions and American courts -- Common law and constitutionalism in the abortion case -- The common law of the family and the constitutional law of the self -- Peremptory challenge : African Americans, the jury, and the constitutionalism of common law -- The judicial science of politics : or why taxation without representation is constitutional and party discipline is not -- Commerce, property, and police -- Common law, Constitution, and world order.".
• catalog description "Includes bibliographical references and index.".
• catalog extent "xii, 212 p. ;".
• catalog hasFormat "Common-law liberty.".
• catalog identifier "0700612483 (cloth : alk. paper)".
• catalog isFormatOf "Common-law liberty.".
• catalog issued "2003".
• catalog issued "2003.".
• catalog language "eng".
• catalog publisher "Lawrence, Kan. : University Press of Kansas,".
• catalog relation "Common-law liberty.".
• catalog spatial "United States.".
• catalog subject "342.73 21".
• catalog subject "Common law United States.".
• catalog subject "Constitutional law United States.".
• catalog subject "KF4552 .S76 2003".
• catalog tableOfContents "Common law and Constitution : original understanding, republican synthesis, and modern transformation -- Fighting words : common law and liberalism in the American doctrine of free speech -- Religious liberty and common law : free-exercise exemptions and American courts -- Common law and constitutionalism in the abortion case -- The common law of the family and the constitutional law of the self -- Peremptory challenge : African Americans, the jury, and the constitutionalism of common law -- The judicial science of politics : or why taxation without representation is constitutional and party discipline is not -- Commerce, property, and police -- Common law, Constitution, and world order.".
• catalog title "Common-law liberty : rethinking American constitutionalism / James R. Stoner, Jr.".
• catalog type "text".