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Author : Elizabeth Gaspar Brown Publisher : William s Hein & Company Page : 377 pages File Size : 42,9 Mb Release : 1964 Category : History ISBN : 0899413218
British Statutes in American Law, 1776-1836 by Elizabeth Gaspar Brown Pdf
In consultation with William Wirt Blume. Foreword by Allen F. Smith. "A study of the extent & content of use of such statutes." Bibliographic Reference: Miller & Schwartz, Recommended Publications for Legal Research. "B" Rated 1984 93
Author : Elizabeth Gaspar Brown,William Wirt Blume Publisher : New York : Da Capo Press, 1974 [c1964] Page : 377 pages File Size : 41,8 Mb Release : 1974-01-01 Category : Law ISBN : 0306706105
Traditional theories of American political development depict the American state as a thoroughly liberal state from its very inception. In this book, first published in 1992, Karen Orren challenges that account by arguing that a remnant of ancient feudalism was, in fact, embedded in the American governmental system, in the form of the law of master and servant, and persisted until well into the twentieth century. The law of master and servant was, she reveals, incorporated in the US Constitution and administered from democratic politics. The fully legislative polity that defines the modern liberal state was achieved in America, Orren argues, only through the initiatives of the labor movement in the late nineteenth and early twentieth centuries, and was finally ushered in as part of the processes of collective bargaining instituted by the New Deal. This book represents a fundamental reinterpretation of constitutional change in the United States and of the role of American organized labor, which is shown to be a creator of liberalism, rather than a spoiler of socialism.
The Transformation of American Law, 1780-1860 by Morton J. HORWITZ,Morton J Horwitz Pdf
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 : Lawrence M. Friedman Publisher : Simon and Schuster Page : 786 pages File Size : 52,6 Mb Release : 2010-06-15 Category : Law ISBN : 9781451602661
A History of American Law, Revised Edition by Lawrence M. Friedman Pdf
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.
Federal Courts in the Early Republic by Mary K. Bonsteel Tachau Pdf
On the basis of both civil and criminal suits, some private and some brought by the government, Professor Tachau demonstrates that the federal courts in Kentucky were immediately accessible, visible, and deeply involved in the lives of the people. The actual legal practice revealed in the records thus contradicts much of the conventional wisdom and traditional assumptions about the "inferiority" of the lower federal judiciary and suggests that a major revision of American legal and constitutional history may be in order. Originally published in 1978. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Cultures and Identities in Colonial British America by Robert Olwell,Alan Tully Pdf
In this collection, prominent scholars of early American history demonstrate how early American societies developed from the intersection of American and Atlantic influences. This volume reveals the myriad ways in which, American colonists were the inhabitants and subjects of a wider Atlantic world.
Author : Kate Elizabeth Brown Publisher : University Press of Kansas Page : 320 pages File Size : 44,8 Mb Release : 2017-08-25 Category : History ISBN : 9780700624805
Alexander Hamilton and the Development of American Law by Kate Elizabeth Brown Pdf
Alexander Hamilton is commonly seen as the standard-bearer of an ideology-turned-political party, the Federalists, engaged in a struggle for the soul of the young United States against the Anti-Federalists, and later, the Jeffersonian Republicans. Alexander Hamilton and the Development of American Law counters such conventional wisdom with a new, more nuanced view of Hamilton as a true federalist, rather than a one-dimensional nationalist, whose most important influence on the American founding is his legal legacy. In this analytical biography, Kate Elizabeth Brown recasts our understanding of Hamilton's political career, his policy achievements, and his significant role in the American founding by considering him first and foremost as a preeminent lawyer who applied law and legal arguments to accomplish his statecraft. In particular, Brown shows how Hamilton used inherited English legal principles to accomplish his policy goals, and how state and federal jurists adapted these Hamiltonian principles into a distinct, republican jurisprudence throughout the nineteenth century. When writing his authoritative commentary on the nature of federal constitutional power in The Federalist, Hamilton juxtaposed the British constitution with the new American one he helped to create; when proposing commercial, monetary, banking, administrative, or foreign policy in Washington's cabinet, he used legal arguments to justify his desired course of action. In short, lawyering, legal innovation, and common law permeated Alexander Hamilton's professional career. Re-examining Hamilton's post-war accomplishments through the lens of law, Brown demonstrates that Hamilton's much-studied political career, as well as his contributions to republican political science, cannot be fully understood without recognizing and investigating how Hamilton used Anglo-American legal principles to achieve these ends. A critical re-evaluation of Hamilton's legacy, as well as his place in the founding era, Brown’s work also enhances and refines our understanding of the nature and history of American jurisprudence.
Author : William M. Wiecek Publisher : Oxford University Press, USA Page : 300 pages File Size : 40,7 Mb Release : 2001 Category : History ISBN : 0195147138
The Lost World of Classical Legal Thought by William M. Wiecek Pdf
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.
Essays in the History of Early American Law by David H. Flaherty Pdf
This collection of outstanding essays in the history of early American law is designed to meet the demand for a basic introduction to the literature of colonial and early United States law. Eighteen essays from historical and legal journals by outstanding authorities explore the major themes in American legal history from colonial beginnings to the early nineteenth century. Originally published in 1969. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Is there a unique visual infrastructure that keeps and defines a culture? Professor Guillen discusses a culture built entirely on the visual modality and, most significantly, on that province of the visual we negotiate through the written word. Although this work analyzes features critical to the American legal tradition from its origins in Anglo-Saxon jurisprudence to recent Supreme Court decisions---substantially exploring Judge Scalia's "originalist" movement and Posner's law and economics theories---the presiding agency remains the power of the written language to provide scaffolding to American culture. Writing, it is argued, contours: our worldview, our laws, morality, science, social problems, and affects film, media, broadcasting, comics and literary criticism. The effects of our national formation and the literature that sprung up to discuss the new nation and define its people have directly led to the evolution of our idiosyncratic legal and philosophical perspectives. The title of this work purposely carries a double meaning since it proposes to deal with a "reading of" American culture through its legal and cultural legacy as well as concluding with questions revolving around a well informed American "readership" essential for the preservation of the culture as well as the continued existence of a national collective conscience.
Richard Quinney's The Social Reality of Crime remains an eloquent and important statement on crime, law, and justice. At the time of its appearance in 1970, Quinney's theory not only liberated the field from a recitation of the practices of the police, courts, and corrections, it also represented a marked departure from traditional analysis which viewed criminal behavior as pathological. Quinney not only advanced criminological thought, he inspired scores of students of crime and criminal justice to reorient their perceptions of the justice system.The Social Reality of Crime swept the criminological community and motivated an entire generation of researchers to question definitions of crime and labels of criminality. The book's popularity quickly turned Quinney into a criminologist with an international reputation. Excerpts from the book's first chapter, which is devoted to the theory of the social reality of crime, are now routinely reprinted in anthologies on criminology and deviant behavior. The theory itself is discussed in most criminology textbooks.This new edition of The Social Reality of Crime will renew inspiration for Quinney's unique critical-social constructionist perspective that has been so significant to the development of theoretical work in the fields of criminology, social problems, and the sociology of law.