Having written extensively on various aspects of the American
constitutional order, Edward S Corwin is considered a leading
constitutional scholar of the twentieth century. Alpheus Mason
described Corwin's writings as "sources of learning and
understanding -- hallmarks to emulate and revere." "The Higher Law
Background of American Constitutional Law" is of unique value in
connecting the Western European experience -- from the classical
world, the Middle Ages, and the seventeenth-century thought of Coke
and Locke -- to the American founding. This renowned work provides
a bold and accurate outline of the tradition behind the 'higher
law' of the United States and places in historical context the
political philosophy underlying the US Declaration of Independence
and Constitution. This volume addresses questions such as: Where
did the idea of a 'higher law' originate? How has it been able to
survive and in what transformations? What special forms of it are
of particular interest for historians and political theorists? and;
How was it brought to America and wrought into the American system
of government? As Clinton Rossiter notes in his prefatory note, "No
one can come away from reading (Higher Law) without realizing how
much we in America are part of Western civilization. The men we
meet in the pages of this essay -- Demosthenes, Sophocles,
Aristotle, Cicero, Seneca, Ulpian, Gaius, John of Salisbury,
Isidore of Seville, St. Thomas Aquinas, Bracton, Fortescue, Coke,
Grotius, Newton, Hooker, Pufendorf, Locke, Blackstone -- all
insisted that the laws by which men live can and should be the
'embodiment of essential and unchanging justice', and we may salute
them respectfully as founding fathers of our experiment in ordered
liberty." In this volume Corwin demonstrates how the concept of a
higher law developed and was understood by the leading thinkers of
the American Revolutionary period as well as how the ideal of the
higher law impacted the creation of the American Constitution.
Students, scholars, and general interested readers of
constitutional law and political theory will find inspiration in
the pages of THE 'HIGHER LAW' BACKGROUND OF AMERICAN CONSTITUTIONAL
LAW.
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