Constructing Civil Liberties
Constructing Civil Liberties
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The modern jurisprudence of civil liberties and civil rights is best understood, not as the application of principles to facts, but as a product of currents of progressive reformist political thought. This book demonstrates that rights of individuals in the criminal justice system, workplace, and school now identified with the essence of civil rights and liberties, were the end point of a layered succession of progressive-spirited ideological and political campaigns of statebuilding and reform. In questioning this vision of constitutional development, this book integrates the developmental paths of civil liberties law into an account of the rise of the modern state and the reformist political and intellectual movements that shaped and sustained it. In doing so, Constructing Civil Liberties provides a vivid, multi-layered, revisionist account of the genealogy of contemporary constitutional law and morals.
- Integrates jurisprudence into broader political and intellectual currents
- Spotlights not only landmark Court opinions but also an array of lesser-known, but highly significant decisions
- Makes a provocative and creative argument
Reviews & endorsements
"This detailed book will fit well alongside revisionist accounts of constitutional and legal history. Highly recommended." B.E. Marston, formerly, SUNY Oswego, CHOICE
"This is a relentlessly interesting book, one that canat help but change the way the reader understands twentieth century American constitutional development... Constructing Civil Liberties is simply the most provocative and enlightening book on constitutional history that I have ever read." David Bernstein, American Historical Review
"This is a brilliant interdisciplinary study that should interest scholars in many fields, including cultural studies, history, international law, law and society, and political science. This comprehensive book is rich in historical detail and full of surprises...Kersch forces us to question our underlying assumptions about the real forces that shape historical developments...This extraordinary book is an absolutely first-rate study that meets the highest standards and deserves to be widely read." - Perspectives on Politics, Alison Dundes Renteln, University of Southern California
"Ken Kersch is among a growing coterie of political scientists, specializing in law and courts, who approach their discipline not through statistics, but through historical narrative. His pathbreaking book, whcih is a substantial contribution to political science, legal history, and constitutional theory, demonstrates the importance of this development." - Stephen A. Siegel, DePaul University College of Law
Product details
August 2004Hardback
9780521811781
404 pages
229 × 152 × 27 mm
0.76kg
Available
Table of Contents
- 1. Introduction
- 2. Reconstituting privacy and criminal process rights
- 3. Reconstituting individual rights: from labor rights to civil rights
- 4. Education rights: Reconstituting the school
- 5. Conclusion.
