Legal Science In The Early Republic

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Legal Science in the Early Republic

Steven J. Macias
Legal Science in the Early Republic Book PDF

Author : Steven J. Macias
Publisher : Lexington Books
Page : 207 pages
File Size : 48,9 Mb
Release : 2016-05-31
Category : Political Science
ISBN : 9781498519472

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Legal Science in the Early Republic by Steven J. Macias Pdf

This work examines the intellectual motivations behind the concept of “legal science”—the first coherent American jurisprudential movement after Independence. Drawing mainly upon public, but also private, sources, this book considers the goals of the bar’s professional leaders who were most adamant and deliberate in setting out their visions of legal science. It argues that these legal scientists viewed the realm of law as the means through which they could express their hopes and fears associated with the social and cultural promises and perils of the early republic. Law, perhaps more so than literature or even the natural sciences, provided the surest path to both national stability and international acclaim. While legal science yielded the methodological tools needed to achieve these lofty goals, its naturalistic foundations, more importantly, were at least partly responsible for the grand impulses in the first place. This book first considers the content of legal science and then explores its application by several of the most articulate legal scientists working and writing in the early republic.

Law and Religion in the Roman Republic

Olga Tellegen-Couperus
Law and Religion in the Roman Republic Book PDF

Author : Olga Tellegen-Couperus
Publisher : BRILL
Page : 237 pages
File Size : 54,9 Mb
Release : 2011-11-25
Category : History
ISBN : 9789004218505

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Law and Religion in the Roman Republic by Olga Tellegen-Couperus Pdf

Drawing on epigraphic, legal, literary, and numismatic sources, this book reveals how, in the Roman Republic, law and religion interacted to serve the same purpose, the continued growth and consolidation of Rome’s power.

Law, Labor, and Ideology in the Early American Republic

Christopher L. Tomlins
Law Labor and Ideology in the Early American Republic Book PDF

Author : Christopher L. Tomlins
Publisher : Cambridge University Press
Page : 432 pages
File Size : 49,5 Mb
Release : 1993-04-30
Category : History
ISBN : 0521438578

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Law, Labor, and Ideology in the Early American Republic by Christopher L. Tomlins Pdf

This book presents a fundamental reinterpretation of law and politics in America between 1790 and 1850, the crucial period of the Republic's early growth and its movement toward industrialism. It is the most detailed study yet available of the intellectual and institutional processes that created the foundation categories framing all the basic legal relationships involving working people.

Utilitarianism in the Early American Republic

James E. Crimmins
Utilitarianism in the Early American Republic Book PDF

Author : James E. Crimmins
Publisher : Routledge
Page : 299 pages
File Size : 40,6 Mb
Release : 2021-11-01
Category : Political Science
ISBN : 9781000476606

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Utilitarianism in the Early American Republic by James E. Crimmins Pdf

In Utilitarianism in the Early American Republic James E. Crimmins provides a fresh perspective on the history of antebellum American political thought. Based on a broad-ranging study of the dissemination and reception of utilitarian ideas in the areas of constitutional politics, law education, law reform, moral theory and political economy, Crimmins illustrates the complexities of the place of utilitarianism in the intellectual ferment of the times, in both its secular and religious forms, intersection with other doctrines, and practical outcomes. The pragmatic character of American political thought revealed—culminating in the postbellum rise of Pragmatism—stands in marked contrast to the conventional interpretations of intellectual history in this period. Utilitarianism in the Early American Republic will be of interest to academic specialists, and graduate and senior undergraduate students engaged in the history of political thought, moral philosophy and legal philosophy, particularly scholars with interests in utilitarianism, the trans-Atlantic transfer of ideas, the American political tradition and modern American intellectual history.

The Historical and Institutional Context of Roman Law

George Mousourakis
The Historical and Institutional Context of Roman Law Book PDF

Author : George Mousourakis
Publisher : Routledge
Page : 475 pages
File Size : 54,5 Mb
Release : 2017-03-02
Category : Law
ISBN : 9781351888400

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The Historical and Institutional Context of Roman Law by George Mousourakis Pdf

Roman law forms an important part of the intellectual background of many legal systems currently in force in continental Europe, Latin America and other parts of the world. This book traces the historical development of Roman law from the earliest period of Roman history up to and including Justinian's codification in the sixth century AD. It examines the nature of the sources of law, forms of legal procedure, the mechanisms by which legal judgments were put into effect, the development of legal science and the role of the jurists in shaping the law. The final chapter of the book outlines the history of Roman law during the Middle Ages and discusses the way in which Roman law furnished the basis of the civil law systems of continental Europe. The book combines the perspectives of legal history with those of social, political and economic history. Special attention is given to the political development of the Roman society and to the historical events and socio-economic factors that influenced the growth and progress of the law. Designed to provide a general introduction to the history of Roman law, this book will appeal to law students whose course of studies includes Roman law, legal history and comparative law. It will also prove of value to students and scholars interested in ancient history and classics.

Law and Power in the Making of the Roman Commonwealth

Luigi Capogrossi Colognesi
Law and Power in the Making of the Roman Commonwealth Book PDF

Author : Luigi Capogrossi Colognesi
Publisher : Cambridge University Press
Page : 128 pages
File Size : 47,6 Mb
Release : 2014-11-13
Category : History
ISBN : 9781316061923

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Law and Power in the Making of the Roman Commonwealth by Luigi Capogrossi Colognesi Pdf

With a broad chronological sweep, this book provides an historical account of Roman law and legal institutions which explains how they were created and modified in relation to political developments and changes in power relations. It underlines the constant tension between two central aspects of Roman politics: the aristocratic nature of the system of government, and the drive for increased popular participation in decision-making and the exercise of power. The traditional balance of power underwent a radical transformation under Augustus, with new processes of integration and social mobility brought into play. Professor Capogrossi Colognesi brings into sharp relief the deeply political nature of the role of Roman juridical science as an expression of aristocratic politics and discusses the imperial jurists' fundamental contribution to the production of an outline theory of sovereignty and legality which would constitute, together with Justinian's gathering of Roman legal knowledge, the most substantial legacy of Rome.

The Cambridge Companion to Roman Law

David Johnston
The Cambridge Companion to Roman Law Book PDF

Author : David Johnston
Publisher : Cambridge University Press
Page : 555 pages
File Size : 40,8 Mb
Release : 2015-02-23
Category : History
ISBN : 9780521895644

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The Cambridge Companion to Roman Law by David Johnston Pdf

This book reflects the wide range of current scholarship on Roman law, covering private, criminal and public law.

Reconstructing the National Bank Controversy

Eric Lomazoff
Reconstructing the National Bank Controversy Book PDF

Author : Eric Lomazoff
Publisher : University of Chicago Press
Page : 264 pages
File Size : 51,7 Mb
Release : 2018-11-07
Category : Political Science
ISBN : 9780226579450

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Reconstructing the National Bank Controversy by Eric Lomazoff Pdf

The Bank of the United States sparked several rounds of intense debate over the meaning of the Constitution’s Necessary and Proper Clause, which authorizes the federal government to make laws that are “necessary” for exercising its other powers. Our standard account of the national bank controversy, however, is incomplete. The controversy was much more dynamic than a two-sided debate over a single constitutional provision and was shaped as much by politics as by law. With Reconstructing the National Bank Controversy, Eric Lomazoff offers a far more robust account of the constitutional politics of national banking between 1791 and 1832. During that time, three forces—changes within the Bank itself, growing tension over federal power within the Republican coalition, and the endurance of monetary turmoil beyond the War of 1812 —drove the development of our first major debate over the scope of federal power at least as much as the formal dimensions of the Constitution or the absence of a shared legal definition for the word “necessary.” These three forces—sometimes alone, sometimes in combination—repeatedly reshaped the terms on which the Bank’s constitutionality was contested. Lomazoff documents how these three dimensions of the polity changed over time and traces the manner in which they periodically led federal officials to adjust their claims about the Bank’s constitutionality. This includes the emergence of the Coinage Clause—which gives Congress power to “coin money, regulate the value thereof”—as a novel justification for the institution. He concludes the book by explaining why a more robust account of the national bank controversy can help us understand the constitutional basis for modern American monetary politics.

The Political Theory of the American Founding

Thomas G. West
The Political Theory of the American Founding Book PDF

Author : Thomas G. West
Publisher : Cambridge University Press
Page : 431 pages
File Size : 50,6 Mb
Release : 2017-04-03
Category : History
ISBN : 9781107140486

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The Political Theory of the American Founding by Thomas G. West Pdf

This book provides a complete overview of the Founders' natural rights theory and its policy implications.

American Comparative Law

David S. Clark
American Comparative Law Book PDF

Author : David S. Clark
Publisher : Oxford University Press
Page : 585 pages
File Size : 45,9 Mb
Release : 2022-09-02
Category : Law
ISBN : 9780195369922

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American Comparative Law by David S. Clark Pdf

"Historical Comparative Law and Comparative Legal History Legal history and comparative law overlap in important respects. This is more apparent with the use of some methods for comparison, such as legal transplant, natural law, or nation building. M.N.S. Sellers nicely portrayed the relationship. The past is a foreign country, its people strangers and its laws obscure.... No one can really understand her or his own legal system without leaving it first, and looking back from the outside. The comparative study of law makes one's own legal system more comprehensible, by revealing its idiosyncrasies. Legal history is comparative law without travel. Legal historians, perhaps especially in the United States, have been skeptical about the possibility of a fruitful comparative legal history, preferring in general to investigate the distinctiveness of their national experience. Comparatists, however, content with revealing or promoting similarities or differences between legal systems, by their nature strive toward comparison. Some American historians, especially since World War II, see the value in this"--

Quantitative Methods in Comparative Law

Pier G. Monateri,Mauro Balestrieri
Quantitative Methods in Comparative Law Book PDF

Author : Pier G. Monateri,Mauro Balestrieri
Publisher : Edward Elgar Publishing
Page : 201 pages
File Size : 41,8 Mb
Release : 2023-11-03
Category : Law
ISBN : 9781802204452

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Quantitative Methods in Comparative Law by Pier G. Monateri,Mauro Balestrieri Pdf

This invaluable and timely book provides a comprehensive “Conflict Prevention and Friction Analysis (CPFA) Model” for researching comparative law in our increasingly technology-led legal and economic order. It provides an in-depth examination of practical case studies, showcasing the real-world application of quantitative methods and theoretical approaches for analysing legal issues.

Gibbons v. Ogden, Law, and Society in the Early Republic

Thomas H. Cox
Gibbons v Ogden Law and Society in the Early Republic Book PDF

Author : Thomas H. Cox
Publisher : Ohio University Press
Page : 264 pages
File Size : 54,5 Mb
Release : 2009-08-25
Category : History
ISBN : 9780821443330

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Gibbons v. Ogden, Law, and Society in the Early Republic by Thomas H. Cox Pdf

Gibbons v. Ogden, Law, and Society in the Early Republic examines a landmark decision in American jurisprudence, the first Supreme Court case to deal with the thorny legal issue of interstate commerce. Decided in 1824, Gibbons v. Ogden arose out of litigation between owners of rival steamboat lines over passenger and freight routes between the neighboring states of New York and New Jersey. But what began as a local dispute over the right to ferry the paying public from the New Jersey shore to New York City soon found its way into John Marshall’s court and constitutional history. The case is consistently ranked as one of the twenty most significant Supreme Court decisions and is still taught in constitutional law courses, cited in state and federal cases, and quoted in articles on constitutional, business, and technological history. Gibbons v. Ogden initially attracted enormous public attention because it involved the development of a new and sensational form of technology. To early Americans, steamboats were floating symbols of progress—cheaper and quicker transportation that could bring goods to market and refinement to the backcountry. A product of the rough-and-tumble world of nascent capitalism and legal innovation, the case became a landmark decision that established the supremacy of federal regulation of interstate trade, curtailed states’ rights, and promoted a national market economy. The case has been invoked by prohibitionists, New Dealers, civil rights activists, and social conservatives alike in debates over federal regulation of issues ranging from labor standards to gun control. This lively study fills in the social and political context in which the case was decided—the colorful and fascinating personalities, the entrepreneurial spirit of the early republic, and the technological breakthroughs that brought modernity to the masses.

A Companion to American Legal History

Sally E. Hadden,Alfred L. Brophy
A Companion to American Legal History Book PDF

Author : Sally E. Hadden,Alfred L. Brophy
Publisher : John Wiley & Sons
Page : 598 pages
File Size : 42,5 Mb
Release : 2013-02-22
Category : Law
ISBN : 9781118533765

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A Companion to American Legal History by Sally E. Hadden,Alfred L. Brophy Pdf

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

The Twelve Tables

Anonymous
The Twelve Tables Book PDF

Author : Anonymous
Publisher : Good Press
Page : 48 pages
File Size : 50,8 Mb
Release : 2019-12-05
Category : Law
ISBN : EAN:4057664570215

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The Twelve Tables by Anonymous Pdf

This book presents the legislation that formed the basis of Roman law - The Laws of the Twelve Tables. These laws, formally promulgated in 449 BC, consolidated earlier traditions and established enduring rights and duties of Roman citizens. The Tables were created in response to agitation by the plebeian class, who had previously been excluded from the higher benefits of the Republic. Despite previously being unwritten and exclusively interpreted by upper-class priests, the Tables became highly regarded and formed the basis of Roman law for a thousand years. This comprehensive sequence of definitions of private rights and procedures, although highly specific and diverse, provided a foundation for the enduring legal system of the Roman Empire.

A Slaveholders' Union

George William Van Cleve
A Slaveholders Union Book PDF

Author : George William Van Cleve
Publisher : University of Chicago Press
Page : 403 pages
File Size : 51,8 Mb
Release : 2010-10-15
Category : History
ISBN : 9780226846699

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A Slaveholders' Union by George William Van Cleve Pdf

After its early introduction into the English colonies in North America, slavery in the United States lasted as a legal institution until the passage of the Thirteenth Amendment to the Constitution in 1865. But increasingly during the contested politics of the early republic, abolitionists cried out that the Constitution itself was a slaveowners’ document, produced to protect and further their rights. A Slaveholders’ Union furthers this unsettling claim by demonstrating once and for all that slavery was indeed an essential part of the foundation of the nascent republic. In this powerful book, George William Van Cleve demonstrates that the Constitution was pro-slavery in its politics, its economics, and its law. He convincingly shows that the Constitutional provisions protecting slavery were much more than mere “political” compromises—they were integral to the principles of the new nation. By the late 1780s, a majority of Americans wanted to create a strong federal republic that would be capable of expanding into a continental empire. In order for America to become an empire on such a scale, Van Cleve argues, the Southern states had to be willing partners in the endeavor, and the cost of their allegiance was the deliberate long-term protection of slavery by America’s leaders through the nation’s early expansion. Reconsidering the role played by the gradual abolition of slavery in the North, Van Cleve also shows that abolition there was much less progressive in its origins—and had much less influence on slavery’s expansion—than previously thought. Deftly interweaving historical and political analyses, A Slaveholders’ Union will likely become the definitive explanation of slavery’s persistence and growth—and of its influence on American constitutional development—from the Revolutionary War through the Missouri Compromise of 1821.