Common Law and Liberalism Theory: Coke, Hobbes, and the Various Sources of American Constitutionalism

Author: [US] Stoner
Publisher:
Publish Date: 2005-05-01
Features: Eloquent and wise, Stoner argues that American constitutionalism is a strange product of a mixture of two entirely opposite schools of thought: the British common law tradition as demonstrated in the works of Edward Coke and the early liberal political philosophy as shown in the works of Thomas Hobbes. His argument is persuasive and convincing. — Journal of American History
Stoner effectively reminds us of a problem we have severely overlooked: in a political system, the judges we expect depend on popular sovereignty and legal procedures constrained by the concept of fundamental law. This is an unexpected surprise in this work that offers a fresh perspective, allowing us to see some origins of judicial review within the common law tradition. The author of this book argues that American constitutionalism is a strange mixture of two entirely opposite schools of thought: the British common law tradition as demonstrated in the works of Edward Coke and the early liberal political philosophy as shown in the works of Thomas Hobbes. He also argues that in a political system, the judges we expect depend on popular sovereignty and the legal order constrained by the concept of fundamental law. The style of this book is elegant, and the language is witty. It will inspire readers to reconsider an important yet overlooked dimension in the history of modern political thought and the intellectual background of American constitutionalism.