Download or read book Historical Sketches of the Principles and Maxims of American Jurisprudence written by John Milton Goodenow and published by . This book was released on 1960 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Historical Sketches of the Principles and Maxims of American Jurisprudence written by John Milton Goodenow and published by . This book was released on 1972 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Historical Sketches of the Principles and Maxims of American Jurisprudence written by John Milton Goodenow and published by . This book was released on 1972 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Historical Sketches of the Principles and Maxims of American Jurisprudence written by John Milton Goodenow and published by . This book was released on 1975 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Historical Sketches of the Principles and Maxims of American Jurisprudence written by John Milton Goodenow and published by William s Hein & Company. This book was released on 1972 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author completely opposes the Judge's viewpoint. His thesis, upheld by most of the Ohio judges at the time, has been the basis for rejection of all common law crimes in Ohio. A virulent attack upon the natural law concepts of the Anglo-Saxon legal structure which the author replaces with a theory of law based on specific legislation.
Download or read book The Transformation of American Law 1780 1860 written by Morton J. Horwitz and published by Harvard University Press. This book was released on 1977 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Transformation of American Law 1870 1960 written by Morton J. Horwitz and published by Oxford University Press. This book was released on 1994-12-15 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the first volume of Morton Horwitz's monumental history of American law appeared in 1977, it was universally acclaimed as one of the most significant works ever published in American legal history. The New Republic called it an "extremely valuable book." Library Journal praised it as "brilliant" and "convincing." And Eric Foner, in The New York Review of Books, wrote that "the issues it raises are indispensable for understanding nineteenth-century America." It won the coveted Bancroft Prize in American History and has since become the standard source on American law for the period between 1780 and 1860. Now, Horwitz presents The Transformation of American Law, 1870 to 1960, the long-awaited sequel that brings his sweeping history to completion. In his pathbreaking first volume, Horwitz showed how economic conflicts helped transform law in antebellum America. Here, Horwitz picks up where he left off, tracing the struggle in American law between the entrenched legal orthodoxy and the Progressive movement, which arose in response to ever-increasing social and economic inequality. Horwitz introduces us to the people and events that fueled this contest between the Old Order and the New. We sit in on Lochner v. New York in 1905--where the new thinkers sought to undermine orthodox claims for the autonomy of law--and watch as Progressive thought first crystallized. We meet Oliver Wendell Holmes, Jr. and recognize the influence of his incisive ideas on the transformation of law in America. We witness the culmination of the Progressive challenge to orthodoxy with the emergence of Legal Realism in the 1920s and '30s, a movement closely allied with other intellectual trends of the day. And as postwar events unfold--the rise of totalitarianism abroad, the McCarthyism rampant in our own country, the astonishingly hostile academic reaction to Brown v. Board of Education--we come to understand that, rather than self-destructing as some historians have asserted, the Progressive movement was alive and well and forming the roots of the legal debates that still confront us today. The Progressive legacy that this volume brings to life is an enduring one, one which continues to speak to us eloquently across nearly a century of American life. In telling its story, Horwitz strikes a balance between a traditional interpretation of history on the one hand, and an approach informed by the latest historical theory on the other. Indeed, Horwitz's rich view of American history--as seen from a variety of perspectives--is undertaken in the same spirit as the Progressive attacks on an orthodoxy that believed law an objective, neutral entity. The Transformation of American Law is a book certain to revise past thinking on the origins and evolution of law in our country. For anyone hoping to understand the structure of American law--or of America itself--this volume is indispensable.
Download or read book Readings in American Legal History written by Mark De Wolfe Howe and published by Beard Books. This book was released on 2001-02 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Common Law History and Democracy in America 1790 1900 written by Kunal M. Parker and published by Cambridge University Press. This book was released on 2011-03-14 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues for a change in our understanding of the relationships among law, politics and history. Since the turn of the nineteenth century, a certain anti-foundational conception of history has served to undermine law's foundations, such that we tend to think of law as nothing other than a species of politics. Thus viewed, the activity of unelected, common law judges appears to be an encroachment on the space of democracy. However, Kunal M. Parker shows that the world of the nineteenth century looked rather different. Democracy was itself constrained by a sense that history possessed a logic, meaning and direction that democracy could not contravene. In such a world, far from law being seen in opposition to democracy, it was possible to argue that law - specifically, the common law - did a better job than democracy of guiding America along history's path.
Download or read book The Papers of Thomas Jefferson Retirement Series Volume 18 written by Thomas Jefferson and published by Princeton University Press. This book was released on 2022-04-26 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new definitive volume of the retirement papers of Thomas Jefferson This volume’s 627 documents feature a vast assortment of topics. Jefferson writes of his dread of “a doting old age.” He inserts an anonymous note in the Richmond Enquirer denying that he has endorsed a candidate for the next presidential election, and he publishes two letters in that newspaper under his own name to refute a Federalist claim that he once benefited by overcharging the United States Treasury. Jefferson does not reply to unsolicited letters seeking his opinion on constitutional matters, judicial review, and a call for universal white male suffrage in Virginia. Fearing that it would set a dangerous precedent, he declines appointment as patron of a new society “for the civilisation of the Indians.” Jefferson is also asked to comment on proposed improvements to stoves, lighthouses, telescopes, and navigable balloons. Citing his advanced age and stiffened wrist, he avoids detailed replies and allows his complaint to John Adams about the volume of incoming correspondence to be leaked to the press in hopes that strangers will stop deluging them both with letters. Jefferson approves of the growth of Unitarianism and predicts that “there is not a young man now living in the US. who will not die an Unitarian.”
Download or read book Citizen Worker written by David Montgomery and published by Cambridge University Press. This book was released on 1995-03-31 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the relationship between workers and the government by focusing not on the legal regulation of unions and strikes, but on popular struggles for citizenship rights.
Download or read book The Pursuit of Public Power written by Jeffrey Paul Brown and published by Kent State University Press. This book was released on 1994 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the origins and nature of political culture in Ohio from the American Revolution until the Civil War. Essays examine such topics as voting practices, the role of the state in national economic development, and the relationship between religion and politics.
Download or read book Guide to Reprints written by and published by . This book was released on 2007 with total page 1190 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Catalogue of Books in the Library of the American Antiquarian Society written by American Antiquarian Society. Library and published by . This book was released on 1837 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Companion to American Legal History written by Sally E. Hadden and published by John Wiley & Sons. This book was released on 2013-02-22 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book A History of the American Bar written by Charles Warren and published by Cambridge University Press. This book was released on 2013-07-04 with total page 601 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 1912 book is a historical sketch of law and lawyers in America from the Revolutionary War until 1860.
Download or read book The Decline of Natural Law written by Stuart Banner and published by Oxford University Press. This book was released on 2021-04-01 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: An account of a fundamental change in American legal thought, from a conception of law as something found in nature to one in which law is entirely a human creation. Before the late 19th century, natural law played an important role in the American legal system. Lawyers routinely used it in their arguments and judges often relied upon it in their opinions. Today, by contrast, natural law plays virtually no role in the legal system. When natural law was part of a lawyer's toolkit, lawyers thought of judges as finders of the law, but when natural law dropped out of the legal system, lawyers began thinking of judges as makers of the law instead. In The Decline of Natural Law, the eminent legal historian Stuart Banner explores the causes and consequences of this change. To do this, Banner discusses the ways in which lawyers used natural law and why the concept seemed reasonable to them. He further examines several long-term trends in legal thought that weakened the position of natural law, including the use of written constitutions, the gradual separation of the spheres of law and religion, the rapid growth of legal publishing, and the position of natural law in some of the 19th century's most contested legal issues. And finally, he describes both the profession's rejection of natural law in the late 19th and early 20th centuries and the ways in which the legal system responded to the absence of natural law. The first book to explain how natural law once worked in the American legal system, The Decline of Natural Law offers a unique look into how and why this major shift in legal thought happened, and focuses, in particular, on the shift from the idea that law is something we find to something we make.
