The Americanization Of The Common Law During The Revolutionary Era
Download The Americanization Of The Common Law During The Revolutionary Era full books in PDF, epub, and Kindle. Read online free The Americanization Of The Common Law During The Revolutionary Era ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
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 | : 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 | : 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 | : 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 | : Gordon S. Wood |
Publisher | : Penguin |
Total Pages | : 321 |
Release | : 2005-05-31 |
Genre | : Biography & Autobiography |
ISBN | : 1101200901 |
“I cannot remember ever reading a work of history and biography that is quite so fluent, so perfectly composed and balanced . . .” —The New York Sun “Exceptionally rich perspective on one of the most accomplished, complex, and unpredictable Americans of his own time or any other.” —The Washington Post Book World From the most respected chronicler of the early days of the Republic—and winner of both the Pulitzer and Bancroft prizes—comes a landmark work that rescues Benjamin Franklin from a mythology that has blinded generations of Americans to the man he really was and makes sense of aspects of his life and career that would have otherwise remained mysterious. In place of the genial polymath, self-improver, and quintessential American, Gordon S. Wood reveals a figure much more ambiguous and complex—and much more interesting. Charting the passage of Franklin’s life and reputation from relative popular indifference (his death, while the occasion for mass mourning in France, was widely ignored in America) to posthumous glory, The Americanization of Benjamin Franklin sheds invaluable light on the emergence of our country’s idea of itself.
Author | : R. Randall Bridwell |
Publisher | : Free Press |
Total Pages | : 232 |
Release | : 1977 |
Genre | : Law |
ISBN | : |
Author | : Edward A. Purcell, Jr. |
Publisher | : Oxford University Press |
Total Pages | : 329 |
Release | : 2020-05-07 |
Genre | : Law |
ISBN | : 0197508774 |
Antonin Scalia and American Constitutionalism is an in-depth study of Justice Antonin Scalia's jurisprudence, his work on the Supreme Court, and his significance in the history of American constitutionalism. After tracing Scalia's rise to Associate Justice and his subsequent emergence as a hero of the Republican Party and the political right, this book reviews and criticizes his general jurisprudential theory, arguing that he failed to produce either the objective method he claimed or the correct constitutional results he promised. Focusing on his judicial performance over his thirty years on the Court, it examines his decisions and opinions on virtually all of the constitutional issues he addressed from the fundamentals of structure (federalism, separation of powers, and the Article III judicial power) to specific interpretations of most major constitutional provisions involving governmental powers and the rights of individuals under the Bill of Rights and the Fourteenth Amendment. This book argues that Scalia applied his jurisprudential theories in inconsistent and contradictory ways and often ignored, distorted, or abandoned the interpretive methods he proclaimed to reach the results he sought, results that were aligned with and supported by the post-Reagan Republican coalition. Scalia was far more consistent in enforcing such ideologically compatible results than he was in following his proclaimed jurisprudential theories. Finally, assessing Scalia's historical significance, Antonin Scalia and American Constitutionalism argues that his jurisprudence and career are particularly illuminating because they exemplify--contrary to his persistent claims--three paramount characteristics of American constitutionalism: the inherent inadequacy of originalism and other formal interpretive methodologies to produce consistent and correct answers to controverted constitutional questions; the close relationship that exists, particularly so in Scalia's case, between constitutional theories and interpretations on one hand and substantive political goals and values on the other; and the unavoidably living nature of American constitutionalism itself. All in all, Scalia stands as a towering figure of irony because his judicial career deconstructed the central claims of his own jurisprudence.
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.
Author | : John H. Langbein |
Publisher | : Aspen Publishing |
Total Pages | : 1310 |
Release | : 2009-08-14 |
Genre | : Law |
ISBN | : 0735596042 |
This introductory text explores the historical origins of the main legal institutions that came to characterize the Anglo-American legal tradition, and to distinguish it from European legal systems. The book contains both text and extracts from historical sources and literature. The book is published in color, and contains over 250 illustrations, many in color, including medieval illuminated manuscripts, paintings, books and manuscripts, caricatures, and photographs. Two great themes dominate the book: (1) the origins, development, and pervasive influence of the jury system and judge/jury relations across eight centuries of Anglo-American civil and criminal justice; and (2) the law/equity division, from the emergence of the Court of Chancery in the fourteenth century down through equity's conquest of common law in the Federal Rules of Civil Procedure. The chapters on criminal justice explore the history of pretrial investigation, policing, trial, and sentencing, as well as the movement in modern times to nonjury resolution through plea bargaining. Considerable attention is devoted to distinctively American developments, such as the elective bench, and the influence of race relations on the law of criminal procedure. Other major subjects of this book include the development of the legal profession, from the serjeants, barristers, and attorneys of medieval times down to the transnational megafirms of twenty-first century practice; the literature of the law, especially law reports and treatises, from the Year Books and Bracton down to the American state reports and today's electronic services; and legal education, from the founding of the Inns of Court to the emergence and growth of university law schools in the United States.