Download The Formative Era Of American Law full books in PDF, epub, and Kindle. Read online free The Formative Era Of American Law ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
| Author | : Roscoe Pound |
| Publisher | : |
| Total Pages | : 212 |
| Release | : 1938 |
| Genre | : Law |
| ISBN | : |
"These four lectures are printed as they were delivered at the Law School of Tulane University on the occasion of the centennial of the death of Edward Livingston, October 27-30, 1936"--Preface. Includes bibliographical references and index. Preface -- Introduction by R.C. Harris -- Natural law -- Legislation -- Judicial decision -- Doctrinal writing.
| 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 | : Richard H. Chused |
| Publisher | : University of Pennsylvania Press |
| Total Pages | : 244 |
| Release | : 2015-07-28 |
| Genre | : History |
| ISBN | : 1512801550 |
Richard H. Chused examines more than 1300 petitions for divorce in Maryland filed during the first half of the nineteenth century. By weaving together information on the legislative handling of these petitions, the voting patterns of the state legislators, and the judicial treatment of related disputes, Chused shows the connections between politics, regional differences, and the development of American family law. His analysis also provides valuable insights into the social history of the time, a period when traditional Southern family values were at odds with the more modern values brought about by urbanization.
| Author | : Lawrence M. Friedman |
| Publisher | : Simon and Schuster |
| Total Pages | : 786 |
| Release | : 2010-06-15 |
| Genre | : Law |
| ISBN | : 1451602669 |
A History of American Law has become a classic for students of law, American history and sociology across the country. In this brilliant and immensely readable book, Lawrence M. Friedman tells the whole fascinating story of American law from its beginnings in the colonies to the present day. By showing how close the life of the law is to the economic and political life of the country, he makes a complex subject understandable and engrossing. A History of American Law presents the achievements and failures of the American legal system in the context of America's commercial and working world, family practices and attitudes toward property, slavery, government, crime and justice. Now Professor Friedman has completely revised and enlarged his landmark work, incorporating a great deal of new material. The book contains newly expanded notes, a bibliography and a bibliographical essay.
| Author | : William P. LaPiana |
| Publisher | : Oxford University Press |
| Total Pages | : 265 |
| Release | : 1994-01-20 |
| Genre | : Law |
| ISBN | : 019535995X |
The 19th century saw dramatic changes in the legal education system in the United States. Before the Civil War, lawyers learned their trade primarily through apprenticeship and self-directed study. By the end of the 19th century, the modern legal education system which was developed primarily by Dean Christopher Langdell at Harvard was in place: a bachelor's degree was required for admission to the new model law school, and a law degree was promoted as the best preparation for admission to the bar. William P. LaPiana provides an in-depth study of the intellectual history of the transformation of American legal education during this period. In the process, he offers a revisionist portrait of Langdell, the Dean of Harvard Law School from 1870 to 1900, and the earliest proponent for the modern method of legal education, as well as portraying for the first time the opposition to the changes at Harvard.
| Author | : Jonathan Gienapp |
| Publisher | : Harvard University Press |
| Total Pages | : 465 |
| Release | : 2018-10-09 |
| Genre | : History |
| ISBN | : 067498952X |
A stunning revision of our founding document’s evolving history that forces us to confront anew the question that animated the founders so long ago: What is our Constitution? Americans widely believe that the United States Constitution was created when it was drafted in 1787 and ratified in 1788. But in a shrewd rereading of the Founding era, Jonathan Gienapp upends this long-held assumption, recovering the unknown story of American constitutional creation in the decade after its adoption—a story with explosive implications for current debates over constitutional originalism and interpretation. When the Constitution first appeared, it was shrouded in uncertainty. Not only was its meaning unclear, but so too was its essential nature. Was the American Constitution a written text, or something else? Was it a legal text? Was it finished or unfinished? What rules would guide its interpretation? Who would adjudicate competing readings? As political leaders put the Constitution to work, none of these questions had answers. Through vigorous debates they confronted the document’s uncertainty, and—over time—how these leaders imagined the Constitution radically changed. They had begun trying to fix, or resolve, an imperfect document, but they ended up fixing, or cementing, a very particular notion of the Constitution as a distinctively textual and historical artifact circumscribed in space and time. This means that some of the Constitution’s most definitive characteristics, ones which are often treated as innate, were only added later and were thus contingent and optional.
| Author | : Charles F. Hobson |
| Publisher | : |
| Total Pages | : 278 |
| Release | : 1996 |
| Genre | : Biography & Autobiography |
| ISBN | : |
"John Marshall remains one of the towering figures in the landscape of American law. From the Revolution to the age of Jackson, he played a critical role in defining the "province of the judiciary" and the constitutional limits of legislative action. In this masterly study, Charles Hobson clarifies the coherence and thrust of Marshall's jurisprudence while keeping in sight the man as well as the jurist." "Hobson argues that contrary to his critics, Marshall was no ideologue intent upon appropriating the lawmaking powers of Congress. Rather, he was deeply committed to a principled jurisprudence that was based on a steadfast devotion to a "science of law" richly steeped in the common law tradition. As Hobson shows, such jurisprudence governed every aspect of Marshall's legal philosophy and court opinions, including his understanding of judicial review." "The chief justice, Hobson contends, did not invent judicial review (as many have claimed) but consolidated its practice by adapting common law methods to the needs of a new nation. In practice, his use of judicial review was restrained, employed almost exclusively against acts of the state legislatures. Ultimately, he wielded judicial review to prevent the states from undermining the power of a national government still struggling to establish sovereignty at home and respect abroad."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
| Author | : Roscoe Pound |
| Publisher | : |
| Total Pages | : 256 |
| Release | : 1921 |
| Genre | : History |
| ISBN | : |
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
| Author | : Jude M. Pfister |
| Publisher | : McFarland |
| Total Pages | : 281 |
| Release | : 2018-11-26 |
| Genre | : History |
| ISBN | : 1476669082 |
With the Constitutional Convention in 1787, America was set on a course to develop a unique system of law with roots in the English common law tradition. This new system, its foundations in Article III of the Constitution, called for a national judiciary headed by a supreme court--which first met in 1790. This book serves as a history of America's national law with a look at those--such as John Jay (the first Chief), James Iredell, Bushrod Washington and James Wilson--who set in motion not only the new Supreme Court, but also the new federal judiciary. These founders displayed great dexterity in maneuvering through the fraught political landscape of the 1790s.
| Author | : Charles Monroe Haar |
| Publisher | : New York : G. Braziller |
| Total Pages | : 564 |
| Release | : 1965 |
| Genre | : Law |
| ISBN | : |
Aspects of the practice of the law between 1820-1860, formal requirements, and the position of the lawyer in the community.
