Constitutional Theory: Arguments and Perspectives

by Michael J. Gerhardt, Jr. Thomas D. Rowe, Thomas D. Rowe Jr.

Book Overview

This text covers the central debates in contemporary American constitutional theory and demonstrates the connection between theory and judicial practice, politics, and academic scholarship. This... This description may be from another edition of this product.

• Format: Hardcover
• Language: English
• ISBN: 0820546046
• ISBN13: 9780820546049
• Release Date: January 2000
• Publisher: LexisNexis/Matthew Bender
• Weight: 1.80 lbs.

Customer Reviews

Accessible theory

This really is a first class book - and worth every cent of its modest price. Although, as its title suggests, it is likely to appear on the reading lists of consitutional law professors, it also deserves a place on the bookshelf of the student of jurisprudence.The format is basically that of a conventional law school reader - however, this is an unusually good one. The theory side of constitutional law all too often takes second place to the minutiae of case law and development of constitutional doctrine. Law students often query the purpose and relevance of theory. This book is there to remind us that paradigm shifts in the law are more likely to be founded in new theory than in doctrine.The book is divided into four sections: Why Theory?, Sources, Perspectives, and Conclusion. The readings are chosen with exceptional skill and are prefaced by introductions from the editors and have conclusions that invite the reader to reflect on what one has read. Each chapter concludes with a very helpful bibliography to direct further reading on the topic.To my mind the most useful section of the book is the Perspectives section. This deals with liberal constitutional theory, conservative constitutional theory, feminist legal theory, critical race theory, and interpretation theory and postmodernism. The last three perspectives are difficult ones to encapsulate briefly but the editors have succeeded in identifying illuminating readings that are accessible to students. The chapter on critical race theory is particularly commendable.A book such as this is specially useful for students looking for a perspective from which to critique doctrine but who don't know where to start. I wish I had had access to a book like this when I was a law student!