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Search - Liberty Against Government: The Rise, Flowering, and Decline of a Famous Judicial Concept

Liberty Against Government The Rise Flowering and Decline of a Famous Judicial Concept
Author: Edward Samuel Corwin

LIBERTY AGAINST GOVERNMENT The Rise, Flowering and Decline of a Famous Juridical Concept BY EDWARD S. CORWIN 1948 LOUISIANA STATE UNIVERSITY PRESS Baton Rouge Copyright, 1948, by LOUISIANA STATE UNIVERSITY PRESS MADE IN THE UNITED STATES OF AMERICA TO C. W. T. GRACIOUS HOSTESS, STANCH FRIEND TO HER HOST OF FRIENDS A HOST IN HERSELF FOREWORD T JL... more » F HE HISTORY of American liberty is far more com plicated than most people would at first blush have imag ined. Indeed, until Professor Corwin, out of a lifetime of study devoted to American public law, distilled into a vol ume of modest compass the essential ingredients of Amer ican liberty, there was, to my knowledge, no one book to which the citizen might turn to learn its fascinating story. The story starts, as do so many of the great things of life, with the Greeks and the Romans. The wisdom of the po litical philosophers, ancient and modern, in their search for the foundations of human liberty is presented in its relation to the crucial events of English and American political experience, particularly such great documents as Magna Carta, the Declaration of Independence, the federal Con stitution and our State constitutions. The impact of po litical doctrine and written constitutions on individual controversies involving fundamental rights is traced in the leading decisions of our highest courts. But where the po litical theory of bygone ages ordinarily is nebulous and unreal, and court decisions on constitutional issues inter minably long and often inexcusably involved, here Pro fessor Corwin has employed his rare gift of condensation to state in single paragraphs the gist of abstract doctrines, viii FOREWORD of controlling political and economic situations, and of judicial controversies which have elsewhere taken entire chapters and even volumes. We are thus enabled not only to see the successive problems of our constitutional de velopment but to envision them in their relation to each other. We sense the intellectual and emotional struggles of the judges in their efforts to decide fundamental issues affecting the life of the entire nation. Professor Corwin, withal, has contrived to keep his presentation of the in volved problems of liberty as a juridical concept almost delusively simple without being a mere tour de force. Property has been frequently described as a bundle of rights. Even more is liberty a bundle of rights, rights which have been buttressed from time to time by a wide variety of political doctrines and constitutional provisions. The study of the history of American liberty is compli cated by the fact that here more than in any other branch of the law have words had a way of changing their mean ing to fit new situations. Sometimes, however, old words and old doctrines fade away and new words, like rein forcements, come forward to take their place. Professor Corwin does not fail to keep us advised of such transi tions. Not only do words and doctrines change but social attitudes a Constitution designed for an age of individu alism quite free from governmental restraints has been made to serve the needs of an interdependent society more accustomed to governmental regulation. Professor Corwin guides us skillfully through the laby rinth of the decisions of the United States Supreme Court on liberty under the federal Constitution. We come to realize by the end of our journey that the course of deci sions was by no means an inevitable one. Time and place FOREWORD ix and personalities all played their part. Though the course was not inevitable, it has gone far to dictate to us what the future will be. The extent to which we may still control it depends largely upon our knowledge, on the one hand, of the actualities of American life today and, on the other hand, on our comprehension of the development of our constitutional concept of liberty as Professor Corwin has analyzed it...

ISBN-13: 9780837195896
ISBN-10: 0837195896
Publication Date: 1/17/1979
Pages: 210
Rating:

0 stars, based on 0 rating

Publisher: Greenwood Press Reprint
Book Type: Hardcover
Members Wishing: 0
Reviews: Amazon | Write a Review

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