The Creation Of American Common Law 1850 1880 PDF Download
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Author | : Howard Schweber |
Publisher | : Cambridge University Press |
Total Pages | : 314 |
Release | : 2004-01-12 |
Genre | : Political Science |
ISBN | : 9781139449946 |
Download The Creation of American Common Law, 1850–1880 Book in PDF, ePub and Kindle
This book is a comparative study of the American legal development in the mid-nineteenth century. Focusing on Illinois and Virginia, supported by observations from six additional states, the book traces the crucial formative moment in the development of an American system of common law in northern and southern courts. The process of legal development, and the form the basic analytical categories of American law came to have, are explained as the products of different responses to the challenge of new industrial technologies, particularly railroads. The nature of those responses was dictated by the ideologies that accompanied the social, political, and economic orders of the two regions. American common law, ultimately, is found to express an emerging model of citizenship, appropriate to modern conditions. As a result, the process of legal development provides an illuminating perspective on the character of American political thought in a formative period of the nation.
Author | : Howard Schweber |
Publisher | : Cambridge University Press |
Total Pages | : 306 |
Release | : 2011-04-14 |
Genre | : Political Science |
ISBN | : 9780521158183 |
Download The Creation of American Common Law, 1850-1880 Book in PDF, ePub and Kindle
America developed its own system of the "common law" (the name for legal principles developed by judges) in the mid-nineteenth century, abandoning the legal system inherited from England. This comparative study of the development of American law contrasts the experiences of North and South by a study of Illinois and Virginia, supported by observations from six states. It has an original comparative focus highlighting the connections between legal development, American political thought, and American political and economic development.
Author | : Oliver Wendell Holmes |
Publisher | : |
Total Pages | : 154 |
Release | : 2020-12-10 |
Genre | : |
ISBN | : |
Download The Common Law Book in PDF, ePub and Kindle
The Common Law changed America forever. The lectures - which were given at the Lowell Institute in Boston and subsequently published in 1880 - created a buzz of excitement that enveloped the New England intellectual community. Over a century later, we can look back at The Common Law and still feel the same sense of excitement that our predecessors did, virtually undiminished by the tumultuous decades of American jurisprudence that have followed.
Author | : Kunal M. Parker |
Publisher | : Cambridge University Press |
Total Pages | : 319 |
Release | : 2011-03-14 |
Genre | : History |
ISBN | : 1139496360 |
Download Common Law, History, and Democracy in America, 1790–1900 Book in PDF, ePub and Kindle
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.
Author | : Kathleen S. Sullivan |
Publisher | : JHU Press |
Total Pages | : 202 |
Release | : 2007-03-15 |
Genre | : History |
ISBN | : 9780801885525 |
Download Constitutional Context Book in PDF, ePub and Kindle
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Author | : Karen Orren |
Publisher | : Cambridge University Press |
Total Pages | : 519 |
Release | : 2018-03-22 |
Genre | : Political Science |
ISBN | : 1108340350 |
Download The Cambridge Companion to the United States Constitution Book in PDF, ePub and Kindle
This Companion provides a broad, historically informed introduction to the study of the US constitutional system. In place of the usual laundry lists of cases, doctrines, and theories, it presents a picture of the constitutional system in action, with separate sections devoted to constitutional principles, organizational structures, and the various legal and extra-legal 'actions' through which litigators and average citizens have attempted to bring about constitutional change. Finally, the volume covers a number of subjects that are rarely discussed in works aimed at a general audience, but which are critical to ensuring that constitutional rights are honored in the day-to-day lives of citizens. These include standing and causes of action, suits against officeholders, and the inner workings of the Foreign Intelligence Surveillance Court (FISC). This Companion places present-day constitutional controversies in historical context, and offers insights from a range of disciplines, including history, political science, and law.
Author | : Anita Bernstein |
Publisher | : Cambridge University Press |
Total Pages | : 275 |
Release | : 2019 |
Genre | : Law |
ISBN | : 1107177812 |
Download The Common Law Inside the Female Body Book in PDF, ePub and Kindle
Explains why lawyers seeking gender progress from primary legal materials should start with the common law.
Author | : Peter Cane |
Publisher | : Cambridge University Press |
Total Pages | : 609 |
Release | : 2016-03-29 |
Genre | : Law |
ISBN | : 1316558932 |
Download Controlling Administrative Power Book in PDF, ePub and Kindle
This wide-ranging comparative account of the legal regimes for controlling administrative power in England, the USA and Australia argues that differences and similarities between control regimes may be partly explained by the constitutional structures of the systems of government in which they are embedded. It applies social-scientific and historical methods to the comparative study of law and legal systems in a novel and innovative way, and combines accounts of long-term and large-scale patterns of power distribution with detailed analysis of features of administrative law and the administrative justice systems of three jurisdictions. It also proposes a new method of analysing systems of government based on two different models of the distribution of public power (diffusion and concentration), a model which proves more illuminating than traditional separation-of-powers analysis.
Author | : W. Caleb McDaniel |
Publisher | : Oxford University Press |
Total Pages | : 288 |
Release | : 2019-08-07 |
Genre | : History |
ISBN | : 0190847018 |
Download Sweet Taste of Liberty Book in PDF, ePub and Kindle
The unforgettable saga of one enslaved woman's fight for justice--and reparations Born into slavery, Henrietta Wood was taken to Cincinnati and legally freed in 1848. In 1853, a Kentucky deputy sheriff named Zebulon Ward colluded with Wood's employer, abducted her, and sold her back into bondage. She remained enslaved throughout the Civil War, giving birth to a son in Mississippi and never forgetting who had put her in this position. By 1869, Wood had obtained her freedom for a second time and returned to Cincinnati, where she sued Ward for damages in 1870. Astonishingly, after eight years of litigation, Wood won her case: in 1878, a Federal jury awarded her $2,500. The decision stuck on appeal. More important than the amount, though the largest ever awarded by an American court in restitution for slavery, was the fact that any money was awarded at all. By the time the case was decided, Ward had become a wealthy businessman and a pioneer of convict leasing in the South. Wood's son later became a prominent Chicago lawyer, and she went on to live until 1912. McDaniel's book is an epic tale of a black woman who survived slavery twice and who achieved more than merely a moral victory over one of her oppressors. Above all, Sweet Taste of Liberty is a portrait of an extraordinary individual as well as a searing reminder of the lessons of her story, which establish beyond question the connections between slavery and the prison system that rose in its place.
Author | : Donald Wayne Rogers |
Publisher | : University of Illinois Press |
Total Pages | : 298 |
Release | : 2009 |
Genre | : Business & Economics |
ISBN | : 0252034821 |
Download Making Capitalism Safe Book in PDF, ePub and Kindle
Workplaces in the United States are safer today than they were a hundred and twenty years ago. In this book, Donald W. Rogers attributes this improvement partly to the development in the Progressive Era of surprisingly strong state-level work safety and health regulatory agencies, a patchwork of commissions and labor departments that advanced safety law from common-law negligence to the modern system of administrative regulation. Rogers examines the Wisconsin Industrial Commission and compares it to arrangements in Ohio, California, New York, Illinois, and Alabama. Connecting this history to the creation of the Occupational Safety and Health Administration in 1970, Making Capitalism Safe will revise historical understandings of state regulation, compensation insurance, and labor law politics--issues that remain pressing in our time.