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A Distinct Judicial Power: The Origins of an Independent Judiciary, 1606-1787 Hardcover – May 27, 2011

ISBN-13: 978-0199765874 ISBN-10: 0199765871

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Product Details

  • Hardcover: 440 pages
  • Publisher: Oxford University Press (May 27, 2011)
  • Language: English
  • ISBN-10: 0199765871
  • ISBN-13: 978-0199765874
  • Product Dimensions: 9.4 x 6.5 x 1.1 inches
  • Shipping Weight: 1.6 pounds (View shipping rates and policies)
  • Average Customer Review: 5.0 out of 5 stars  See all reviews (1 customer review)
  • Amazon Best Sellers Rank: #2,019,748 in Books (See Top 100 in Books)

Editorial Reviews

Review

Beginning with a review of the intellectual history of judicial independence from Aristotle to John Adams, Gerber thoroughly chronicles the rise of protojudicial independence in the original thirteen colonies' foundational texts and practices. Gerber persuasively describes the colonies as lurching toward judicial independence slowly and unevenly, yet steadily. Harvard Law Review. Gerber's book is by far the most comprehensive examination of the manner by which colonial and state constitutions contributed to the federal Constitution His study not only highlights the legacy of the aforementioned area to the creation of Article III of the Constitution, but renews interest in the contribution of John Adams to the development of the courts and opens new ground about the relationship between judicial review and judicial independence. Samuel B. Hoff, Law and Politics Book Review. A valuable summary of the development of local judicial institutions that provides a welcome resource for students of the colonial and Revolutionary eras. Edward A. Purcell, Jr., Tulsa Law Review. There is much to praise in A Distinct Judicial Power. Tracing the history of a separate judicial branch as it developed in America is an important task in itself. Bringing together the experience of every one of the thirteen colonies in the development of its judiciary is a boon to us all. Joyce Lee Malcolm, George Mason University School of Law. Reason Papersber has authored a timely and thorough treatise on judicial review that traces the concept through 3,000 years of political thought. He also has provided an in-depth historical analysis on this country's struggles to create an independent judiciary founded on a compensation and tenure structure not subject to political whim. Gerald Rafferty, Colorado Lawyer Beginning with a review of the intellectual history of judicial independence from Aristotle to John Adams, Gerber thoroughly chronicles the rise of protojudicial independence in the original thirteen colonies foundational texts and practices. Gerber persuasively describes the colonies as lurching toward judicial independence slowly and unevenly, yet steadily. Harvard Law Review

About the Author


Scott Douglas Gerber is Professor of Law at Ohio Northern University and Senior Research Scholar in Law and Politics at the Social Philosophy and Policy Center. He teaches constitutional law and American legal history. He received both his Ph.D. and J.D. from the University of Virginia, and his B.A. from the College of William and Mary. His previous books include: The Declaration of Independence: Origins and Impact; First Principles: The Jurisprudence of Clarence Thomas; Seriatim: The Supreme Court Before John Marshall; and To Secure These Rights: The Declaration of Independence and Constitutional Interpretation. He has also published two novels.

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Most Helpful Customer Reviews

1 of 3 people found the following review helpful By Marine on May 30, 2011
Format: Hardcover
This is an amazing book. It is unusual, in fact rare to find an interdisciplinary study involving law, history, and political science that demonstrates such a high level of mastery of these fields coupled with the ability to tie them together and gain new, fresh, creative insights.
The book represents interdisciplinary scholarship at the highest level.
The amount and depth of information drawn from three disciplines, law, history, political science concerning judicial power in colonial America is amazing.
Further, the book traces the origins of judicial review to the rise of judicial independence, a new and very important insight.
An extraordinary and important book.
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