The Lost World of Classical Legal Thought

The Lost World of Classical Legal Thought
Author: William M. Wiecek
Publisher: Oxford University Press, USA
Total Pages: 300
Release: 2001
Genre: History
ISBN: 9780195147131

This volume examines legal ideology in the US from the height of the Gilded Age through the time of the New Deal, when the Supreme Court began to discard orthodox thought in favour of more modernist approaches to law. Wiecek places this era of legal thought in its historical context, integrating social, economic, and intellectual analyses.

"Let No Guilty Man Escape"

Author: Roger Harold Tuller
Publisher: University of Oklahoma Press
Total Pages: 220
Release: 2001
Genre: Biography & Autobiography
ISBN: 9780806133065

""Let No Guilty Man Escape," the first new Parker biography in four decades, corrects this simplistic image by presenting Parker's unique brand of frontier justice within the legal and political context of his time. Using primary documents from the National Archives, Missouri court records, and other sources not included by previous biographers, Roger H. Tuller demonstrates that Parker was an ambitious attorney who used the law to advance his own career. Parker rose from a frontier Missouri lawyer to become a congressional representative, and when Reconstructionist-era politics denied him continued progress, he sought the judicial appointment for which he is most remembered."--BOOK JACKET.

American Constitutionalism

American Constitutionalism
Author: Stephen M. Griffin
Publisher: Princeton University Press
Total Pages: 229
Release: 1998-07-27
Genre: Law
ISBN: 1400822122

Despite the outpouring of works on constitutional theory in the past several decades, no general introduction to the field has been available. Stephen Griffin provides here an original contribution to American constitutional theory in the form of a short, lucid introduction to the subject for scholars and an informed lay audience. He surveys in an unpolemical way the theoretical issues raised by judicial practice in the United States over the past three centuries, particularly since the Warren Court, and locates both theory and practices that have inspired dispute among jurists and scholars in historical context. At the same time he advances an argument about the distinctive nature of our American constitutionalism, regarding it as an instance of the interpenetration of law and politics. American Constitutionalism is unique in considering the perspectives of both law and political science in relation to constitutional theory. Constitutional theories produced by legal scholars do not usually discuss state-centered theories of American politics, the importance of institutions, behaviorist research on judicial decision making, or questions of constitutional reform, but this book takes into account the political science literature on these and other topics. The work also devotes substantial attention to judicial review and its relationship to American democracy and theories of constitutional interpretation.

The Opening of American Law

The Opening of American Law
Author: Herbert Hovenkamp
Publisher: Oxford University Press, USA
Total Pages: 473
Release: 2015
Genre: Law
ISBN: 0199331308

Two late Victorian ideas disrupted American legal thought: the Darwinian theory of evolution and marginalist economics. The legal thought that emerged can be called 'neoclassical', because it embodied ideas that were radically new while retaining many elements of what had gone before. Although Darwinian social science was developed earlier, in most legal disciplines outside of criminal law and race theory marginalist approaches came to dominate. This book carries these themes through a variety of legal subjects in both public and private law.