- Title Pages
- Note on Texts
- Introduction: the Subtle Judge and Moderate Liberalism
- Part One: Montesquieu's Jurisprudence and New Judicial Power
- One: Moderating Liberalism and Common Law: Spirit and Juridical Liberty
- Two: Moderate and Juridical Government: The Spirit of Constitutional Liberty
- Three: Projects for Reform: Due Process, National Spirit, and Liberal Toleration
- Four: The New Aristocracy of the Robe: History, Reason, and Judicial Prudence
- Part Two: Blackstone and the Montesquieuan Constitution
- Five: Blackstone's Liberal Education for Law and Politics
- Six: A Gothic and Liberal Constitution: Blackstone's Tempering of Sovereignty
- Seven: Blackstone, Lord Mansfield, and Common-Law Liberalism
- Part Three: Montesquieu's Judicial Legacy In America
- Eight: Hamilton's Common-Law Constitutionalism and Judicial Prudence
- Nine: Tocquevilie's Judicial Statesmanship and Common-Law Spirit
- Ten: Holmes and Judicialized Liberalism
- Conclusion: The Cloaking of Power and the Perpetuation of Constitutionalism
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