Main Currents in American Legal Thought
Title | Main Currents in American Legal Thought PDF eBook |
Author | Bernard Schwartz |
Publisher | |
Pages | 686 |
Release | 1993 |
Genre | Law |
ISBN |
The result is a procession of the jurists who contributed to the development of American legal thought and how that development played a crucial part in the growth of the nation.
The Spirit Of American Law
Title | The Spirit Of American Law PDF eBook |
Author | George S Grossman |
Publisher | Routledge |
Pages | 589 |
Release | 2018-04-24 |
Genre | Political Science |
ISBN | 0429975457 |
Intended for the general public, the readings in this collection explore the roots of American law from pre-history to ancient Greece and Rome and the common law of England. America's legal development is traced from the drafting of the Constitution to the Rehnquist Court. Themes along the way include the ?Golden Age? of the early nineteenth century, when American law took on its distinctive character, the impact of slavery and the Civil War, and the struggles of the Progressives to regulate the nation's industrialized economy between the post-Civil War era and the New Deal. A reading on the Nuremberg Trials introduces the theme of international human rights, while post-war readings trace the nation's legal confrontations over civil liberties, civil rights, the rights of women, the protection of the environment, and legal protections for those accused of crimes. Dramatic highlights include the Sacco-Vanzetti case, the internment of Japanese-Americans during the Second World War, the trial of the ?Chicago Eight? during the Vietnam War, and the Watergate scandal. Leading personalities include Sirs Edward Coke and William Blackstone in England, Chief Justices John Marshall and Earl Warren, Justices Stephen J. Field, Oliver Wendell Holmes, Jr., Louis D. Brandeis, and Felix Frankfurter, and Judge Learned Hand. Readings on the future of American law explore the impact of alternative dispute resolution, science and technology, globalization, and space exploration, as well as trends in the legal profession and in legal philosophy.
The Genesis of Nineteenth-Century Civil Codes in the United States
Title | The Genesis of Nineteenth-Century Civil Codes in the United States PDF eBook |
Author | Julie Rocheton |
Publisher | BRILL |
Pages | 290 |
Release | 2024-03-04 |
Genre | Law |
ISBN | 9004689974 |
Starting in Louisiana in the early nineteenth century, this book takes the reader on a journey through the USA and the development of their civil codes. From Georgia and New York, civil codes traveled to California and Dakota Territory; in the Great Plains, they made their way to Montana, North Dakota, and South Dakota by the end of the century. Unveiling the history of nineteenth-century civil codes in the USA, this book examines their origin stories, circulation, and usage by focusing on the social-historical context of their drafting and legal concepts. “Rocheton's work, published four decades after Cook's book on ‘The American Codification Movement,’ contains an exhaustive and insightful analysis of nineteenth-century civil codes. It thoroughly discusses their context, how they were conceived, discussed, drafted and approved, their main foreign influences and content, and their practical operation." - Aniceto Masferrer, University of Valencia “While there is a vast corpus of literature on codification and, more specifically, civil codes in the civil law tradition, it is much less known that six US states codified their private laws during the 19th century. This book tells the fascinating story. Spoiler alert: it’s a family affair.” - Stefan Vogenauer, Max Planck Institute for Legal History and Legal Theory
Reconstructing American Legal Realism & Rethinking Private Law Theory
Title | Reconstructing American Legal Realism & Rethinking Private Law Theory PDF eBook |
Author | Hanoch Dagan |
Publisher | Oxford University Press |
Pages | 247 |
Release | 2013-08-20 |
Genre | Law |
ISBN | 0199359210 |
In the myriad choices of interpretation judges face when confronted with rules and cases, legal realists are concerned with how these doctrinal materials carry over into judicial outcomes. What can explain past judicial behavior and predict its future course? How can law constrain judgments made by unelected judges? How can the distinction between law and politics be maintained despite the collapse of law's autonomy in its positivist rendition? In Reconstructing American Legal Realism & Rethinking Private Law Theory, Hanoch Dagan provides an innovative and useful interpretation of legal realism. He revives the legal realists' rich account of law as a growing institution accommodating three sets of constitutive tensions-power and reason, science and craft, and tradition and progress-and demonstrates how the major claims attributed to legal realism fit into this conception of law. Dagan seeks to rein in realist descendants who have become fixated on one aspect of the big picture, and to dispel the misconceptions that those gone astray represent the tradition accurately or that realism is now merely a historical signpost. He draws upon the realist texts of Oliver Wendell Holmes, Karl Llewellyn, and others to explain how legal realism offers important and unique jurisprudential insights that are not just a part of legal history, but are also relevant and useful for a contemporary understanding of legal theory. Building on this realist conception of law and enriching its texture, Dagan addresses more particular jurisprudential questions. He shows that the realist achievement in capturing law's irreducible complexity is crucial to the reinvigoration of legal theory as a distinct scholarly subject matter, and is also inspiring for a host of other, more specific theoretical topics, such as the rule of law, the autonomy and taxonomy of private law, the relationships between rights and remedies, and the pluralism and perfectionism that typify private law.
The Growth of American Law
Title | The Growth of American Law PDF eBook |
Author | James Willard Hurst |
Publisher | The Lawbook Exchange, Ltd. |
Pages | 516 |
Release | 2007 |
Genre | History |
ISBN | 1584777168 |
A Companion to American Legal History
Title | A Companion to American Legal History PDF eBook |
Author | Sally E. Hadden |
Publisher | John Wiley & Sons |
Pages | 598 |
Release | 2013-02-22 |
Genre | Law |
ISBN | 1118533763 |
A Companion to American Legal History presents a compilation of the most recent writings from leading scholars on American legal history from the colonial era through the late twentieth century. Presents up-to-date research describing the key debates in American legal history Reflects the current state of American legal history research and points readers in the direction of future research Represents an ideal companion for graduate and law students seeking an introduction to the field, the key questions, and future research ideas
The canon of American legal thought
Title | The canon of American legal thought PDF eBook |
Author | David Kennedy |
Publisher | |
Pages | 710 |
Release | 2000 |
Genre | |
ISBN |