Memory and Authority: The Uses of History in Constitutional Interpretation (Yale Law Library Series in Legal History and Reference)
This bookThe book "Memory and Authority: The Uses of History in Constitutional Interpretation (Yale Law Library Series in Legal History and Reference)" was written by Jack M. Balkin and it has 384 pages for you to enjoy.
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Synopsis, Summary or DescriptionNext Section
Memory and Authority is a book by Jack M. Balkin that examines the role of history in constitutional interpretation. Balkin argues that judges and other legal decision-makers often rely on historical evidence to support their decisions, but that this evidence is often incomplete and unreliable. As a result, judges must be careful not to allow their own biases and prejudices to influence their interpretation of the Constitution.
Balkin begins by discussing the different ways in which history can be used in constitutional interpretation. He argues that history can be used to provide evidence of the original intent of the framers of the Constitution, to identify the values that the Constitution was designed to protect, and to understand the way in which the Constitution has been interpreted in the past.
Balkin then examines the challenges of using history in constitutional interpretation. He argues that historical evidence is often incomplete and unreliable, and that it can be difficult to determine the original intent of the framers of the Constitution. In addition, he argues that judges must be careful not to allow their own biases and prejudices to influence their interpretation of the Constitution.
Despite these challenges, Balkin argues that history can still play a valuable role in constitutional interpretation. He argues that history can help judges to understand the values that the Constitution was designed to protect, and to identify the way in which the Constitution has been interpreted in the past. In addition, he argues that history can help judges to avoid making mistakes that have been made in the past.
Overall, Memory and Authority is a thought-provoking and insightful book that examines the role of history in constitutional interpretation. Balkin's arguments are well-reasoned and persuasive, and he provides a valuable overview of the challenges and opportunities of using history in constitutional interpretation.
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| Title | Memory and Authority: The Uses of History in Constitutional Interpretation (Yale Law Library Series in Legal History and Reference) |
| Author(s) | Jack M. Balkin |
| ISBN | 9780300272222 0300272227 |
| Publisher | Yale University Press |
| Page Count | 384 pages |
| Publication Date | Monday, February 26, 2024 |
| Is it possible to read online? | Check here |
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Note to the Author Jack M. Balkin
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