Law's Culture: Conservatism and the American Constitutional Order
30 Pages Posted: 31 Aug 2009 Last revised: 28 Oct 2009
Date Written: 2004
Abstract
This article argues that most contemporary analysts, whether claiming allegiance ot the ideological left or right, misunderstand the nature and especially the fundamentally cultu7lral character of American constitutionalism. Beginning with an explication of American “cultural” conservatism as presented by thinkers such as Russell Kirk, the author proceeds to an analysis of the bases of the American constitutional order emphasizing the role of history in the formation of its structures and normative traditions in their maintenance and enforcement.
Suggested Citation: Suggested Citation
Frohnen, Bruce P., Law's Culture: Conservatism and the American Constitutional Order (2004). Harvard Journal of Law and Public Policy, Vol. 27, p. 459, 2003-2004, Available at SSRN: https://ssrn.com/abstract=1464457
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