Roman and Civil Law and the Development of Anglo-American Jurisprudence in the Nineteenth Century


Author: Michael H. Hoeflich
Publisher: University of Georgia Press
ISBN: 9780820318394
Category: Law
Page: 207
View: 906

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Seeking to fill a gap in our knowledge of the legal history of the nineteenth century, this volume studies the influence of Roman and civil law upon the development of common law jurisdictions in the United States and in Great Britain. M. H. Hoeflich examines the writings of a variety of prominent Anglo-American legal theorists to show how Roman and civil law helped common law thinkers develop their own theories. Intellectual leaders in law in the United States and Great Britain used Roman and civil law in different ways at different times. The views of these lawyers were greatly respected even by nonlawyers, and most of them wrote to influence a wider public. By filling in the gaps in the history of jurisprudence, this volume also provides greater understanding of the development of Anglo-American culture and society.

The Cambridge History of Law in America


Author: Michael Grossberg,Christopher Tomlins
Publisher: Cambridge University Press
ISBN: 0521803071
Category: History
Page: 958
View: 6743

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This volume covers the twentieth century after World War I and makes predictions for the twenty-first century.

Law in American History

Volume 1: From the Colonial Years Through the Civil War
Author: G. Edward White
Publisher: Oxford University Press
ISBN: 0199723141
Category: History
Page: 584
View: 6679

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In the first of the three volumes of his projected comprehensive narrative history of the role of law in America from the colonial years through the twentieth century, G. Edward White takes up the central themes of American legal history from the earliest European settlements through the Civil War. Included in the coverage of this volume are the interactions between European and Amerindian legal systems in the years of colonial settlement; the crucial role of Anglo-American theories of sovereignty and imperial governance in facilitating the separation of the American colonies from the British Empire in the late eighteenth century; the American "experiment" with federated republican constitutionalism in the founding period; the major importance of agricultural householding, in the form of slave plantations as well as farms featuring wage labor, in helping to shape the development of American law in the eighteenth and nineteenth centuries; the emergence of the Supreme Court of the United States as an authoritative force in American law and politics in the early nineteenth century; the interactions between law, westward expansion, and transformative developments in transportation and communiciation in the antebellum years; the contributions of American legal institutions to the dissolution of the Union of American states in the three decades after 1830; and the often-overlooked legal history of the Confederacy and Union governments during the Civil War. White incorporates recent scholarship in anthropology, ethnography, and economic, political, intellectual and legal history to produce a narrative that is both revisionist and accessible, taking up the familiar topics of race, gender, slavery, and the treatment of native Americans from fresh perspectives. Along the way he provides a compelling case for why law can be seen as the key to understanding the development of American life as we know it. Law in American History, Volume 1 will be an essential text for both students of law and general readers.

Courts and Lawyers of New York

A History, 1609-1925
Author: Alden Chester,Edwin Melvin Williams
Publisher: The Lawbook Exchange, Ltd.
ISBN: 158477424X
Category: History
Page: 1421
View: 9571

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Chester, Alden, in Collaboration with E. Melvin Williams. Courts and Lawyers of New York: A History, 1609-1925. New York: The American Historical Society, Inc., 1925. 3 volumes. Reprint available September 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-424-X. Cloth. $295. * This massive history contains a great deal of information that is not available elsewhere. Contents: Part I-Dutch Period: The Bases of American Law, The Dutch Legal System, The Patrons and Their Courts, Burgher Government, Dutch Magistrates. Part II-English Period: The Conflicting Land Titles, The Duke of York's Laws, The Leisler Case. Part III-American Period: Constitutional History, The Courts of Last Resort, The Supreme Court, The Court of Chancery. Part IV: Judicial Distracts and Associations of the Bar, Law Libraries and Law Schools.

Law, Society, and History

Themes in the Legal Sociology and Legal History of Lawrence M. Friedman
Author: Robert W. Gordon,Morton J. Horwitz
Publisher: Cambridge University Press
ISBN: 1139498126
Category: Law
Page: N.A
View: 5918

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This book assembles essays on legal sociology and legal history by an international group of distinguished scholars. All of them have been influenced by the eminent and prolific legal historian, legal sociologist and scholar of comparative law, Lawrence M. Friedman. Not just a Festschrift of essays by colleagues and disciples, this volume presents a sustained examination and application of Friedman's ideas and methods. Together, the essays in this volume show the powerful ripple effects of Friedman's work on American and comparative legal sociology, American and comparative legal history and the general sociology of law and legal change.

Liberty, Property, and Government

Constitutional Interpretation Before the New Deal
Author: Ellen Frankel Paul,Howard Dickman
Publisher: SUNY Press
ISBN: 9780791400869
Category: Law
Page: 303
View: 9141

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This book examines the constitutional protection of economic rights through the nineteenth century and the first three decades of the twentieth. The authors grapple with such questions as: how should the commerce clause be interpreted? To what extent did the historical development of eminent domain law depart from the "rhetoric" of takings jurisprudence? How was the Constitution connected to economic growth in the nineteenth century? What was the effect of the post-/civil War constitutional amendments? How did the right to contract affect government attempts to balance private rights with the public good? What was the reaction of leading constitutional theorists to the dominance of a laissez-fair philosophy in the Court and the nation at the turn of the century?

The Challenge of American History


Author: Louis P. Masur
Publisher: JHU Press
ISBN: 9780801862229
Category: History
Page: 331
View: 8696

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In The Challenge of American History, Louis Masur brings together a sampling of recent scholarship to determine the key issues preoccupying historians of American history and to contemplate the discipline's direction for the future. The fifteen summary essays included in this volume allow professional historians, history teachers, and students to grasp in a convenient and accessible form what historians have been writing about.

History of the Harvard Law School and of Early Legal Conditions in America


Author: Charles Warren
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584770066
Category: Education
Page: N.A
View: 792

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Warren, Charles. History of the Harvard Law School and of Early Legal Conditions in America. New York: Lewis Publishing Company, 1908. Three volumes. xiv, 543; iv, 560; 397 pp. Illustrated. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 99-29193. ISBN 1-58477-006-6. Cloth. $275. * The definitive history. Warren provides a fascinating account of law studies, lawyers, legal practice and legal conditions in America from 1640 to 1817--the year of the foundation of the Harvard Law School. This is followed by a comprehensive history of the Harvard Law School from 1817 to 1908. Volume three contains a complete, detailed biographical Alumni Roll for the Harvard Law School, with selected class pictures and an alumni index. Marke, A Catalogue of the Law Collection of New York University (1953) 201. The set is also available in handsome quarter calf with raised bands, gilt-stamped lettering-pieces and gilt embellishments, over marble boards for $850.

Essays in the History of Canadian Law

Quebec and the Canadas
Author: George Blaine Baker,Donald Fyson
Publisher: University of Toronto Press
ISBN: 1442670061
Category: History
Page: 608
View: 3046

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The essays in this volume deal with the legal history of the Province of Quebec, Upper and Lower Canada, and the Province of Canada between the British conquest of 1759 and confederation of the British North America colonies in 1867. The backbone of the modern Canadian provinces of Ontario and Quebec, this geographic area was unified politically for more than half of the period under consideration. As such, four of the papers are set in the geographic cradle of modern Quebec, four treat nineteenth-century Ontario, and the remaining four deal with the St. Lawrence and Great Lakes watershed as a whole. The authors come from disciplines as diverse as history, socio-legal studies, women’s studies, and law. The majority make substantial use of second-language sources in their essays, which shade into intellectual history, social and family history, regulatory history, and political history.

Repressive Jurisprudence in the Early American Republic

The First Amendment and the Legacy of English Law
Author: Phillip I. Blumberg
Publisher: Cambridge University Press
ISBN: 1139490028
Category: Law
Page: N.A
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This volume seeks to explain how American society, which had been capable of noble aspirations such as those in the Declaration of Independence and the Constitution, was capable of adopting one of the most widely deplored statutes of our history, the Sedition Act of 1798. It examines how the political ideals of the American Revolution were undermined by the adoption of repressive doctrines of the English monarchial system - the criminalization of criticism against the king, the Parliament, the judiciary, and Christianity. Freedom of speech was dramatically confined, and this law remained unchallenged until well into the twentieth century. This book will be of keen interest to all concerned with the early Republic, freedom of speech, and evolution of American constitutional jurisprudence. Because it addresses the much-criticized Sedition Act of 1798, one of the most dramatic illustrations of this repressive jurisprudence, the book will also be of interest to Americans concerned about preserving free speech in wartime.

Legal Positivism in American Jurisprudence


Author: Anthony J. Sebok
Publisher: Cambridge University Press
ISBN: 9780521480413
Category: Law
Page: 327
View: 2543

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This work represents a serious and philosophically sophisticated guide to modern American legal theory, demonstrating that legal positivism has been a misunderstood and underappreciated perspective through most of twentieth-century American legal thought.

Originalism in American Law and Politics

A Constitutional History
Author: Johnathan O'Neill,Professor Johnathan O'Neill
Publisher: JHU Press
ISBN: 9780801881114
Category: History
Page: 281
View: 2420

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This book explains how the debate over originalism emerged from the interaction of constitutional theory, U.S. Supreme Court decisions, and American political development. Refuting the contention that originalism is a recent concoction of political conservatives like Robert Bork, Johnathan O'Neill asserts that recent appeals to the origin of the Constitution in Supreme Court decisions and commentary, especially by Justices Antonin Scalia and Clarence Thomas, continue an established pattern in American history. Originalism in American Law and Politics is distinguished by its historical approach to the topic. Drawing on constitutional commentary and treatises, Supreme Court and lower federal court opinions, congressional hearings, and scholarly monographs, O'Neill's work will be valuable to historians, academic lawyers, and political scientists.

Guns in American Society: An Encyclopedia of History, Politics, Culture, and the Law, 2nd Edition [3 volumes]

An Encyclopedia of History, Politics, Culture, and the Law
Author: Gregg Lee Carter
Publisher: ABC-CLIO
ISBN: 0313386714
Category: History
Page: 1096
View: 941

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Thoroughly updated and greatly expanded from its original edition, this three-volume set is the go-to comprehensive resource on the legal, social, psychological, political, and public health aspects of guns in American life. • 450 alphabetically organized entries, including 100 new for this edition, covering key issues (suicide, video games and gun violence, firearm injury statistics) and events (workplace shootings, the Virginia Tech massacre) • 102 expert contributors from all academic fields involved in studying the causes and effects of gun violence • A chronology of pivotal moments and controversies in the history of firearm ownership and use in the United States • An exhaustive bibliography of print and online resources covering all aspects of the study of guns in the United States • Appendices on federal gun laws, state gun laws, and pro- and anti-gun-control organizations

Law's History

American Legal Thought and the Transatlantic Turn to History
Author: David M. Rabban
Publisher: Cambridge University Press
ISBN: 0521761913
Category: History
Page: 564
View: 5419

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This is a study of the central role of history in late-nineteenth century American legal thought. In the decades following the Civil War, the founding generation of professional legal scholars in the United States drew from the evolutionary social thought that pervaded Western intellectual life on both sides of the Atlantic. Their historical analysis of law as an inductive science rejected deductive theories and supported moderate legal reform, conclusions that challenge conventional accounts of legal formalism Unprecedented in its coverage and its innovative conclusions about major American legal thinkers from the Civil War to the present, the book combines transatlantic intellectual history, legal history, the history of legal thought, historiography, jurisprudence, constitutional theory, and the history of higher education.

The Jurisprudence of Style

A Structuralist History of American Pragmatism and Liberal Legal Thought
Author: Justin Desautels-Stein
Publisher: Cambridge University Press
ISBN: 1107156653
Category: History
Page: 332
View: 5173

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Offers a structuralist critique of the relationship between pragmatism and liberalism in American legal thought.

The Philosophy of Law in Historical Perspective


Author: Carl Joachim Friedrich
Publisher: University of Chicago Press
ISBN: 9780226264660
Category: Political Science
Page: 296
View: 7195

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Mr. Friedrich develops his own position within the framework of the history of Western legal philosophy from the Old Testament down to contemporary writers. In addition, he highlights some important problems of the present day, including certain aspects of legal realism. First published in 1958, this book has been revised and enlarged.

Supreme Court Jurisprudence in Times of National Crisis, Terrorism, and War

A Historical Perspective
Author: Arthur H. Garrison
Publisher: Lexington Books
ISBN: 0739151045
Category: Law
Page: 500
View: 2582

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From the foundation of the American Republic, presidents have had to deal with both internal and external national security threats. From President Washington and his policy of neutrality during the wars between Great Britain and France in the eighteenth century, to President Lincoln and the war to save the union, to President Wilson during the war to end all wars, to President Roosevelt and war of the Greatest Generation, to President Truman and his steel during the forgotten war, and most recently to President Bush and the War on Terror, presidents have had to use their power as commander-in-chief to meet the challenges of national crisis and war. The judiciary, specifically the Supreme Court, has also played an integral part in the historical development and defining of the commander-in-chief power in times of war and national crisis from the earliest days of the republic. How these powers have grown is a consequence of how the presidents have viewed the office of the presidency and how the judiciary has interpreted the commander-in-chief and executive power clauses of the U.S. Constitution over time. Supreme Court Jurisprudence in Times of National Crisis, Terrorism, and War provides a chronological review of the major national security and war events in American history. Garrison reviews the great debates between Hamilton and Madison and Chief Justice Roger Taney and Attorney General Edward Bates on presidential executive power and how subsequent presidents have adopted the Hamiltonian view of the presidency. He also examines how Article III courts, specifically the Supreme Court, have defined, expanded, and established boundaries on the commander-in-chief power. With this historical backdrop, Garrison reveals how, for over two centuries, the judiciary has defended the rule of law and maintained the principle that under the U.S. Constitution neither the guns of war nor threats to safety have silenced the rule of law.

Roman Law

An Historical Introduction
Author: Hans Julius Wolff
Publisher: University of Oklahoma Press
ISBN: 9780806112961
Category: Political Science
Page: 260
View: 6158

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One of the great and lasting influences on the course of Western culture, Roman law occupies a unique place in the history of the civilized world. Originally the law of a small rural community, then of a powerful city-state, it became the law of an empire which embraced almost all of the known civilized world. The influence of Roman law extends into modern times and is reflected in the great codifications of private law that have come into existence in Europe, America, and Asia. Even now, Roman law in modified form is the law of the land in Scotland, and the civil code of Louisiana is directly based on Roman law. Forming an important part in the historical and intellectual background of understanding and a basis for further development of the principles of international jurisprudence. In this book an international authority on Roman legal history sets forth in clear, understandable English the institutions of Roman law and traces their development through the Byzantine Empire into medieval and modern Europe. It is an indispensable study for every American lawyer and for anyone interesting in legal and political history.