Americanization Of The Common Law
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| Author | : William Edward Nelson |
| Publisher | : University of Georgia Press |
| Total Pages | : 301 |
| Release | : 1994-01-01 |
| Genre | : Law |
| ISBN | : 0820315877 |
Americanization of the Common Law remains one of the standard works on the transformation of law in America from the late colonial period to the end of the early republic. In a straightforward manner, William E. Nelson analyzes the profound ideological movement that grew out of the American Revolution and caused substantial structural change in the legal and social order of Massachusetts and, by extension, in the nation at large. The Revolution, Nelson argues, transformed a hierarchical and communitarian legal and social order into an egalitarian and individualistic one. For this edition, Nelson has written a new preface in which he discusses the book's initial reception and the relevant historiographical issues that have arisen since it was first published in 1975.
| Author | : William Edward Nelson |
| Publisher | : |
| Total Pages | : 289 |
| Release | : 2019 |
| Genre | : History |
| ISBN | : 0190880805 |
In E Pluribus Unum, eminent legal historian William E. Nelson shows that the colonies' gradual embrace of the common law was instrumental to the establishment of the United States. He traces how the diverse legal orders of Britain's thirteen colonies gradually evolved into one system, adding to our understanding of how law impacted governance in the colonial era and beyond.
| Author | : Susan Bartie |
| Publisher | : NYU Press |
| Total Pages | : 421 |
| Release | : 2021-07-06 |
| Genre | : Law |
| ISBN | : 1479803588 |
A critical history of the Americanization of legal education in fourteen countries The second half of the twentieth century witnessed the export of American power—both hard and soft—throughout the world. What role did US cultural and economic imperialism play in legal education? American Legal Education Abroad offers an unprecedented and surprising picture of the history of legal education in fourteen countries beyond the United States. Each study in this book represents a critical history of the Americanization of legal education, reexamining prevailing narratives of exportation, transplantation, and imperialism. Collectively, these studies challenge the conventional wisdom that American ideas and practices have dominated globally. Editors Susan Bartie and David Sandomierski and their contributors suggest that to understand legal education and to respond thoughtfully to the mounting present-day challenges, it is essential to look beyond a particular region and consider not only the ideas behind legal education but also the broader historical, political, and cultural factors that have shaped them. American Legal Education Abroad begins with an important foundational history by leading Harvard Law School historian Bruce Kimball, who explains the factors that created a transportable American legal model, and the book concludes with reflections from two prominent American law professors, Susan Carle and Bob Gordon, whose observations on recent disruptions within US law schools suggest that their influence within the global order of legal education may soon fall into further decline. This book should be considered an invaluable resource for anyone in the field of law.
| Author | : William E. Nelson |
| Publisher | : Harvard University Press |
| Total Pages | : 284 |
| Release | : 2009-06-01 |
| Genre | : Political Science |
| ISBN | : 9780674041424 |
In a remarkably fresh and historically grounded reinterpretation of the American Constitution, William Nelson argues that the fourteenth amendment was written to affirm the general public's long-standing rhetorical commitment to the principles of equality and individual rights on the one hand, and to the principle of local self-rule on the other.
| Author | : Morton J. HORWITZ |
| Publisher | : Harvard University Press |
| Total Pages | : 378 |
| Release | : 2009-06-30 |
| Genre | : Law |
| ISBN | : 0674038789 |
In a remarkable book based on prodigious research, Morton J. Horwitz offers a sweeping overview of the emergence of a national (and modern) legal system from English and colonial antecedents. He treats the evolution of the common law as intellectual history and also demonstrates how the shifting views of private law became a dynamic element in the economic growth of the United States. Horwitz's subtle and sophisticated explanation of societal change begins with the common law, which was intended to provide justice for all. The great breakpoint came after 1790 when the law was slowly transformed to favor economic growth and development. The courts spurred economic competition instead of circumscribing it. This new instrumental law flourished as the legal profession and the mercantile elite forged a mutually beneficial alliance to gain wealth and power. The evolving law of the early republic interacted with political philosophy, Horwitz shows. The doctrine of laissez-faire, long considered the cloak for competition, is here seen as a shield for the newly rich. By the 1840s the overarching reach of the doctrine prevented further distribution of wealth and protected entrenched classes by disallowing the courts very much power to intervene in economic life. This searching interpretation, which connects law and the courts to the real world, will engage historians in a new debate. For to view the law as an engine of vast economic transformation is to challenge in a stunning way previous interpretations of the eras of revolution and reform.
| Author | : Alan Watson |
| Publisher | : University of Georgia Press |
| Total Pages | : 238 |
| Release | : 2000 |
| Genre | : Law |
| ISBN | : 9780820321615 |
Law and society are closely related, though the relationship between the two is both complicated and understudied. In a world of rapidly changing people, places, and ideas, law is frequently taken out of context, often with surprising and unnecessary consequences. As societies and their structures, religious doctrines, and economies change, laws previously established often remain unchanged. Dominant nations frequently impose their own laws on weaker nations, whether or not their cultures are similar. Conquered nations, after regaining freedom, often keep their conquerors' laws by default. Law is often misrepresented in literature, and legal scholars, citizens, and businesspeople alike ignore large portions of the legislation under which they live and work. Even the American system of legal education frequently proves itself irrelevant to a proper understanding of today's laws. Alan Watson studies examples from the ancient laws of Rome and Byzantium, laws within the Christian Gospels, and policies of legal education in the modern United States to demonstrate the need for a new approach to both law and legal education. Law Out of Context illustrates that only by understanding comparative legal history and by paying more attention to changes in our society can we hope to devise consistently fair and respected laws.
| Author | : Lloyd Bonfield |
| Publisher | : West Academic Publishing |
| Total Pages | : 0 |
| Release | : 2006 |
| Genre | : Law |
| ISBN | : 9780314150165 |
This book, suitable as a primer for foreign LLMs ? or as an introductory survey for American students of both procedural and substantive law ? is a comprehensive, though concise, survey of the American legal system ? its structure and its methodology.
| Author | : R. Randall Bridwell |
| Publisher | : Free Press |
| Total Pages | : 232 |
| Release | : 1977 |
| Genre | : Law |
| ISBN | : |
| Author | : Richard D. Alba |
| Publisher | : Harvard University Press |
| Total Pages | : 388 |
| Release | : 2009-06-30 |
| Genre | : Social Science |
| ISBN | : 9780674020115 |
In this age of multicultural democracy, the idea of assimilation--that the social distance separating immigrants and their children from the mainstream of American society closes over time--seems outdated and, in some forms, even offensive. But as Richard Alba and Victor Nee show in the first systematic treatment of assimilation since the mid-1960s, it continues to shape the immigrant experience, even though the geography of immigration has shifted from Europe to Asia, Africa, and Latin America. Institutional changes, from civil rights legislation to immigration law, have provided a more favorable environment for nonwhite immigrants and their children than in the past. Assimilation is still driven, in claim, by the decisions of immigrants and the second generation to improve their social and material circumstances in America. But they also show that immigrants, historically and today, have profoundly changed our mainstream society and culture in the process of becoming Americans. Surveying a variety of domains--language, socioeconomic attachments, residential patterns, and intermarriage--they demonstrate the continuing importance of assimilation in American life. And they predict that it will blur the boundaries among the major, racially defined populations, as nonwhites and Hispanics are increasingly incorporated into the mainstream.
| Author | : Jedidiah Joseph Kroncke |
| Publisher | : Oxford University Press |
| Total Pages | : 373 |
| Release | : 2016 |
| Genre | : Law |
| ISBN | : 0190233524 |
This text uses the Sino-American relationship to trace the decline of American legal cosmopolitanism from the Revolutionary era until today.
