Dueling Histories
"Charles Fairman and William Crosskey Reconstruct "Original Understanding
Bibliographic Data
| ID | 4084706 |
|---|---|
| Authors | Pamela Brandwein (0000-0003-1048-5710, corresponding author) |
| Year | 1996 |
| Volume | 30 |
| Issue | 2 |
| Pages | 289-334 |
| Publication date | 1996-01-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Law & Society Review (JOURNAL) |
| Journal identifiers | ISSN: 0023-9216 • E-ISSN: 1540-5893 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.2307/3053961 |
| OpenAlex | W2333811412 |
| Language | EN |
| Citations received | 2 |
| References cited | 44 |
Historiography and epistemology are two subjects not often brought together in sociolegal studies. This article takes reconstructions of legal history as a subject of sociological investigation. The institutional "acceptability" of any historical representation is a complex social achievement since there are no objective criteria for verifying historical accounts. I juxtapose two competing reconstructions of Fourteenth Amendment history, by legal scholars Charles Fairman and William Crosskey, and examine how both reconstructions took place with reference to preexisting interpretive frameworks. I also examine the social and institutional settings in which these histories interacted and competed for credibility. The Fairman/Crosskey dispute served to socialize future participants in Fourteenth Amendment debate. With the Fairman/Crosskey exchanges, battle lines were drawn and topics of debate were established
Sociology · American Constitutional Law and Politics · History
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Feminism unmodified
Feminist Legal Methods
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A Grammar of Motives
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The Sequel of Appomattox
The alchemy of race and rights
Race and Essentialism in Feminist Legal Theory
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A Machine That Would Go of Itself
The Supreme Court and the Uses of History
Conscience and the Constitution
A More Perfect Union
The Sources of Antislavery Constitutionalism in America, 1760-1848
The Sociology of Science and Technology
Culture in Action
Historiography and Postmodernism
Primate Visions
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Multiple Jeopardy, Multiple Consciousness
On Being the Object of Property
A Theory of Structure
How culture works
| Unique citing works | 2 |
|---|---|
| Citations per year | 0,08 |
| Citation span | 2000 - 2007 (8) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 2 |