Automotive Holiday Deals Up to 50% Off Select Books Shop Men's Athletic Shoes Learn more nav_sap_SWP_6M_fly_beacon Indie for the Holidays egg_2015 All-New Amazon Fire TV Grooming Deals Gifts for Her Amazon Gift Card Offer cm15 cm15 cm15 $30 Off Amazon Echo $30 Off Fire HD 6 Kindle Cyber Monday Deals Cyber Monday Video Game Deals Outdoors Gift Guide on HTL
Law and Judicial Duty and over one million other books are available for Amazon Kindle. Learn more

Enter your mobile number or email address below and we'll send you a link to download the free Kindle App. Then you can start reading Kindle books on your smartphone, tablet, or computer - no Kindle device required.

  • Apple
  • Android
  • Windows Phone
  • Android

To get the free app, enter your email address or mobile phone number.

Law and Judicial Duty 1st Edition

5 customer reviews
ISBN-13: 978-0674031319
ISBN-10: 0674031318
Why is ISBN important?
This bar-code number lets you verify that you're getting exactly the right version or edition of a book. The 13-digit and 10-digit formats both work.
Scan an ISBN with your phone
Use the Amazon App to scan ISBNs and compare prices.
Sell yours for a Gift Card
We'll buy it for $21.79
Learn More
Trade in now
Have one to sell? Sell on Amazon
Buy used On clicking this link, a new layer will be open
$44.98 On clicking this link, a new layer will be open
Buy new On clicking this link, a new layer will be open
$62.50 On clicking this link, a new layer will be open
More Buying Choices
14 New from $60.06 16 Used from $44.95
Free Two-Day Shipping for College Students with Amazon Student Free%20Two-Day%20Shipping%20for%20College%20Students%20with%20Amazon%20Student

Get Up to 80% Back Rent Textbooks
$62.50 FREE Shipping. Only 1 left in stock (more on the way). Ships from and sold by Gift-wrap available.

Frequently Bought Together

  • Law and Judicial Duty
  • +
  • Is Administrative Law Unlawful?
  • +
  • Separation of Church and State
Total price: $139.95
Buy the selected items together

Special Offers and Product Promotions

  • Take an Extra 30% Off Any Book: Use promo code HOLIDAY30 at checkout to get an extra 30% off any book for a limited time. Excludes Kindle eBooks and Audible Audiobooks. Restrictions apply. Learn more | Shop now

Editorial Reviews


A work of exemplary scholarship that sheds abundant new light on a complex and controversial subject. (Charles F. Hobson, editor of The Papers of John Marshall)

Law and Judicial Duty is legal history on a grand scale. The book will reshape the scholarly debate about the origins and nature of judicial review. (R. Kent Newmyer, author of John Marshall and the Heroic Age of the Supreme Court)

Hamburger is an accomplished and assiduous legal historian, and his book is a work of imposing scholarship...The history that Hamburger has excavated is genuinely fascinating, and it may alter the terms of debate among constitutional theorists, preoccupied as many of them are with origins...[It's] a pleasure to read, and that is in part because of the enormous labor that its author poured into it. Clearly it was a labor of love...Philip Hamburger has not only greatly enriched legal history, but he has enabled us to see, if not what the judges of old actually thought, let alone what unconscious thoughts and emotions motivated them, then at least how they wished to be seen; and that is an important part of a proper understanding of judicial behavior, ancient and modern. (Richard A. Posner New Republic 2008-12-31)

In Law and Judicial Duty, Hamburger provides by far the most comprehensive historical account of the ideal of judicial duty that undergirded our framers' construction of the federal judiciary. (Michael W. McConnell First Things 2009-10-01)

Hero Quick Promo
Holiday Deals in Kindle Books
Save up to 85% on more than 1,000 Kindle Books. These deals are valid until November 30, 2015. Learn more

Product Details

  • Hardcover: 704 pages
  • Publisher: Harvard University Press; 1 edition (November 1, 2008)
  • Language: English
  • ISBN-10: 0674031318
  • ISBN-13: 978-0674031319
  • Product Dimensions: 9.1 x 6.4 x 1.7 inches
  • Shipping Weight: 2.3 pounds (View shipping rates and policies)
  • Average Customer Review: 4.8 out of 5 stars  See all reviews (5 customer reviews)
  • Amazon Best Sellers Rank: #581,580 in Books (See Top 100 in Books)

More About the Author

Discover books, learn about writers, read author blogs, and more.

Customer Reviews

5 star
4 star
3 star
2 star
1 star
See all 5 customer reviews
Share your thoughts with other customers

Most Helpful Customer Reviews

22 of 24 people found the following review helpful By James Lindgren on December 7, 2008
Format: Hardcover
Philip Hamburger, a prize-winning legal historian at Columbia University, has written the best law book I have read this year: Law and Judicial Duty (Harvard Press). At 700 pages, it is a thorough examination of the history of judicial duty to apply superior law, a duty that has as one of its offshoots the courts' obligation to strike down illegal executive, legislative, and judicial actions.

After making an exceedingly impressive study of early English and American authorities, Hamburger argues:

"The evidence reveals the importance of the common law ideals of law and judicial duty. It shows that these two ideals, taken together, required judges to hold unconstitutional acts unlawful. In pursuing the evidence, therefore, this book cannot focus on a distinct power to hold acts unconstitutional, but rather must more generally study the nature of law and of judicial office as understood by common lawyers."

Hamburger first suggests that "judicial review" is a modern concept that tends to obscure the nature of the historical evidence and leads to what I would call the "heroic" view of Marbury v. Madison. The power of declaring actions unconstitutional was not developed by the Federalists (as some prominent historians have claimed), but was well established by the 1780s.

Hamburger suggests that misunderstandings of the history of judicial review tend to lead to a more expansive view of judicial power. If American judges in the early Republic established their own power of review, "this would seem to leave them with an extraordinary discretion over the liberty of their fellow Americans." Yet they didn't, since the power was well established before the Constitution was written.
Read more ›
Comment Was this review helpful to you? Yes No Sending feedback...
Thank you for your feedback.
Sorry, we failed to record your vote. Please try again
Report abuse
8 of 10 people found the following review helpful By Thomas on March 27, 2009
Format: Hardcover Verified Purchase
I have not finished this book, but only read the first chapter and attended a talk by Prof. Hamburger about his thesis in the book. So far, it more than lives up to Prof. Lindgren's review of it above and the blurbs on the cover. Once you understand what the author is saying, especially if you suffered through the debates about judicial review in the 1980's and after, you can only wish this book had been written long ago. PH writes in a smooth but lively, non-confrontational style, but what he has to say, at least if it becomes generally accepted or widely influential, has the promise to displace great mountains of bad thinking that have accumulated around the most obfuscated branch of government -- the judiciary. It is also bound to be fascinating to anyone interested in the history of law as it relates to constitutionalism and political theory. It would make a great first book to read on this subject as well for the law student or lawyer who wants to be a serious student of judicial power and its history.
Tom Smith
Prof. of Law
USD Law School
Comment Was this review helpful to you? Yes No Sending feedback...
Thank you for your feedback.
Sorry, we failed to record your vote. Please try again
Report abuse
Format: Hardcover Verified Purchase
Judicial duty is independent judgement in accordance with the local constitution. It is a legal responsibility to justice. This book is rich with legal history, explanations of judicial duty, and legal argument. Cultural history has been important to the slow evolution of judicial duty. I recommend this book to everyone interested in constitutional law, the process of the legal system, or the administration of justice.
Comment Was this review helpful to you? Yes No Sending feedback...
Thank you for your feedback.
Sorry, we failed to record your vote. Please try again
Report abuse
By Thelma Taormina on September 6, 2014
Format: Hardcover Verified Purchase
If you are looking to understand what went wrong with our Constitutional Republic and the Judicial Branch...This is a MUST Read!
Comment Was this review helpful to you? Yes No Sending feedback...
Thank you for your feedback.
Sorry, we failed to record your vote. Please try again
Report abuse
3 of 13 people found the following review helpful By Joseph M. Hennessey on July 20, 2010
Format: Hardcover Verified Purchase
I will start with the flaws. Professor Hamburger doesn't seem to understand why judicial review of laws and constitution bothers its opponents so much. It is not because the judges review, which is fine, but then the enforcement by the executive department makes their opinion de facto if not de jure laws.

On p. 578-9, Hamburger refers to "an office [judicial}that, like men themselves, seem to have been created on a divine model and that required a specialized, almost divine exercise of one faculty of the soul--the faculty of reason or understanding--which had to be employed in judgment uncorrupted by the faculty of the will." I wonder what his agnostic/atheist readers think of that.

Generously, Hamburger admits that Judge Hale of England stated that Christianity is part and parcel of the law of England, that Judge Coke, Francis Bacon and Thomas Jefferson had distaste for judicial independence.

Hamburger states: p. 579 that "of course, such conclusions often provoked populist exasperation." This is a typical liberal tactic, to call conservative disagreement with the left's opinion as only emotional, rather than being just as based on reason, thought, study as their own. That is called condescension.

In the end, the question is, who guard the guardians, these soi disant Platonic philosopher-kings?
Comment Was this review helpful to you? Yes No Sending feedback...
Thank you for your feedback.
Sorry, we failed to record your vote. Please try again
Report abuse

Set up an Amazon Giveaway

Amazon Giveaway allows you to run promotional giveaways in order to create buzz, reward your audience, and attract new followers and customers. Learn more
Law and Judicial Duty
This item: Law and Judicial Duty
Price: $62.50
Ships from and sold by

Want to discover more products? Check out this page to see more: civil procedure