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American ConservatismNOMOS LVI$
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Sanford Levinson, Melissa Williams, and Joel Parker

Print publication date: 2016

Print ISBN-13: 9781479812370

Published to NYU Press Scholarship Online: September 2016

DOI: 10.18574/nyu/9781479812370.001.0001

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Constitutive Stories about the Common Law in Modern American Conservatism

Constitutive Stories about the Common Law in Modern American Conservatism

Chapter:
(p.211) 6 Constitutive Stories about the Common Law in Modern American Conservatism
Source:
American Conservatism
Author(s):

Ken I. Kersch

Publisher:
NYU Press
DOI:10.18574/nyu/9781479812370.003.0006

This chapter focuses on aspects of “legal conservatism” in the twenty-first century, arguing that the Constitution and the common law in America serve as two central examples of the role of constitutive narratives in American conservative thought. In so doing, it also argues that too much attention is paid to the putative within the conservative movement and not enough to what these strands have in common: namely, the conservative rejection of all things liberal as having forsaken the truths of the American founding and Constitution. Ultimately, the chapter highlights the role of the Constitution as a symbol in forging an ecumenical conservative movement.

Keywords:   legal conservatism, Constitution, common law, constitutive narratives, American conservatism, conservative movement

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