Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- 18th century (1)
- 19th century (1)
- Baconian reform (1)
- Bentham (Jeremy) (1)
- Blackstone (1)
-
- Constitutional law (1)
- David Schwartz (1)
- Enumerated powers (1)
- Federalism (1)
- Great Britain (1)
- John Marshall (1)
- Law reform (1)
- Legislation (1)
- Legislative jurisdiction (1)
- Legislative reforms (1)
- Lord Kames (1)
- Mansfield (1)
- McCulloch v. Maryland (1)
- National power (1)
- Parliament (1)
- Precedents (1)
- The Spirit of the Constitution (1)
Articles 1 - 2 of 2
Full-Text Articles in Legal History
Marshaling Mcculloch, Richard A. Primus
Marshaling Mcculloch, Richard A. Primus
Reviews
David Schwartz’s terrific new book is subtitled John Marshall and the 200-Year Odyssey of McCulloch v. Maryland. But the book is about much more than Marshall and McCulloch. It’s bout the long struggle over the scope of national power. Marshall and McCulloch are characters in the story, but the story isn’t centrally about them. Indeed, an important part of Schwartz’s narrative is that McCulloch has mattered relatively little in that struggle, except as a protean symbol.
Review Of The Province Of Legislation Determined: Legal Theory In Eighteenth-Century Britain, Thomas A. Green
Review Of The Province Of Legislation Determined: Legal Theory In Eighteenth-Century Britain, Thomas A. Green
Reviews
David Lieberman's lucid and sure-footed reinterpretationof late-eighteenth and early-nineteenth-century jurisprudence is original, thoughtful, analytically acute, and a pleasure to read. Lieberman argues that Bentham's law reform ideas must be viewed in relation to earlier (and contemporary) reform traditions. Bentham's views were more complex than the long-held myth would have it, partly because they were more derivative, at least in his early enterprises, combining as they did a reception of earlier notions with the novelty for which he is usually credited. Blackstone and Mansfield, on this account, were not the match stick figures they are sometimes made out to be; the …