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Author : James E. Herget
Publisher :
ISBN 13 : 9780892633029
Total Pages : 367 pages
Book Rating : 4.6/5 (33 download)
Download or read book American Jurisprudence, 1870-1970 written by James E. Herget and published by . This book was released on 1990 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Neil Duxbury
Publisher :
ISBN 13 :
Total Pages : 544 pages
Book Rating : 4.X/5 (2 download)
Download or read book Patterns of American Jurisprudence written by Neil Duxbury and published by . This book was released on 1995 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique study offers a comprehensive analysis of American jurisprudence from its emergence in the later stages of the nineteenth century through to the present day. The author argues that it is a mistake to view American jurisprudence as a collection of movements and schools which have emerged in opposition to each other. By offering a highly original analysis of legal formalism, legal realism, policy science, process jurisprudence, law and economics, and critical legal studies, he demonstrates that American jurisprudence has evolved as a collection of themes which reflects broader American intellectual and cultural concerns.
Author : William C. (William Callyhan) Robinson
Publisher : Hardpress Publishing
ISBN 13 : 9781407783277
Total Pages : 474 pages
Book Rating : 4.7/5 (832 download)
Download or read book Elements of American Jurisprudence written by William C. (William Callyhan) Robinson and published by Hardpress Publishing. This book was released on 2012-01 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike some other reproductions of classic texts (1) We have not used OCR(Optical Character Recognition), as this leads to bad quality books with introduced typos. (2) In books where there are images such as portraits, maps, sketches etc We have endeavoured to keep the quality of these images, so they represent accurately the original artefact. Although occasionally there may be certain imperfections with these old texts, we feel they deserve to be made available for future generations to enjoy.
Author : Stephen M. Feldman
Publisher : Oxford University Press
ISBN 13 : 019802696X
Total Pages : 288 pages
Book Rating : 4.1/5 (98 download)
Download or read book American Legal Thought from Premodernism to Postmodernism written by Stephen M. Feldman and published by Oxford University Press. This book was released on 2000-01-20 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The intellectual development of American legal thought has progressed remarkably quickly form the nation's founding through today. Stephen Feldman traces this development through the lens of broader intellectual movements and in this work applies the concepts of premodernism, modernism, and postmodernism to legal thought, using examples or significant cases from Supreme Court history. Comprehensive and accessible, this single volume provides an overview of the evolution of American legal thought up to the present.
Author : Anthony J. Sebok
Publisher : Cambridge University Press
ISBN 13 : 0521480418
Total Pages : 343 pages
Book Rating : 4.5/5 (214 download)
Download or read book Legal Positivism in American Jurisprudence written by Anthony J. Sebok and published by Cambridge University Press. This book was released on 1998-10-28 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Herbert Hovenkamp
Publisher : Oxford University Press
ISBN 13 : 0199331316
Total Pages : 400 pages
Book Rating : 4.1/5 (993 download)
Download or read book The Opening of American Law written by Herbert Hovenkamp and published by Oxford University Press. This book was released on 2014-09-22 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two Victorian Era intellectual movements changed the course of American legal thought: Darwinian natural selection and marginalist economics. The two movements rested on fundamentally inconsistent premises. Darwinism emphasized instinct, random selection, and determinism; marginalism emphasized rational choice. American legal theory managed to accommodate both, although to different degrees in different disciplines. The two movements also developed mutually exclusive scientific methodologies. Darwinism emphasizing external indicators of welfare such as productivity, education or health, while marginalists emphasized market choice. Historians have generally exaggerated the role of Darwinism in American legal thought, while understating the role of marginalist economics. This book explores these issues in several legal disciplines and time periods, including Progressive Era redistributive policies, American common law, public law, and laws regarding corporations and competition. One is Progressive Era movements for redistributive policies about taxation and public goods. Darwinian science also dominated the law of race relations, while criminal law reflected an inconsistent mixture of Darwinian and marginalist incentive-based theories. The common law, including family law, contract, property, and tort, moved from emphasis on correction of past harms to management of ongoing risk and relationship. A chapter on Legal Realism emphasizes the Realists' indebtedness to institutional economics, a movement that powerfully influenced American legal theory long after it fell out of favor with economists. Five chapters on the corporation, innovation and competition policy show how marginalist economics transformed business policy. The ironic exception was patent law, which developed in relative insulation from economic concerns about innovation policy. The book concludes with three chapters on public law, emphasizing the role of institutionalist economics in policy making during and after the New Deal. A lengthy epilogue then explores the variety of postwar attempts to reconstruct a defensible and more market-oriented rule of law after the decline of Legal Realism and the New Deal.
Author : David S. Clark
Publisher : Oxford University Press
ISBN 13 : 0195369920
Total Pages : 585 pages
Book Rating : 4.1/5 (953 download)
Download or read book American Comparative Law written by David S. Clark and published by Oxford University Press. This book was released on 2022-09-02 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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"--
Author : Herbert Hovenkamp
Publisher : Oxford University Press, USA
ISBN 13 : 0199331308
Total Pages : 473 pages
Book Rating : 4.1/5 (993 download)
Download or read book The Opening of American Law written by Herbert Hovenkamp and published by Oxford University Press, USA. This book was released on 2015 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two late Victorian ideas disrupted American legal thought: the Darwinian theory of evolution and marginalist economics. The legal thought that emerged can be called 'neoclassical', because it embodied ideas that were radically new while retaining many elements of what had gone before. Although Darwinian social science was developed earlier, in most legal disciplines outside of criminal law and race theory marginalist approaches came to dominate. This book carries these themes through a variety of legal subjects in both public and private law.
Author : Sally E. Hadden
Publisher : John Wiley & Sons
ISBN 13 : 1118533771
Total Pages : 653 pages
Book Rating : 4.1/5 (185 download)
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 653 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
Author :
Publisher :
ISBN 13 : 0195088786
Total Pages : 939 pages
Book Rating : 4.1/5 (95 download)
Download or read book The Oxford Companion to American Law written by and published by . This book was released on with total page 939 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Andrew Porwancher
Publisher : University of Missouri Press
ISBN 13 : 0826273637
Total Pages : 235 pages
Book Rating : 4.8/5 (262 download)
Download or read book John Henry Wigmore and the Rules of Evidence written by Andrew Porwancher and published by University of Missouri Press. This book was released on 2017-06-30 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Honorable Mention, 2017 Scribes Book Award, The American Society of Legal Writers At the dawn of the twentieth century, the United States was reeling from the effects of rapid urbanization and industrialization. Time-honored verities proved obsolete, and intellectuals in all fields sought ways to make sense of an increasingly unfamiliar reality. The legal system in particular began to buckle under the weight of its anachronism. In the midst of this crisis, John Henry Wigmore, dean of the Northwestern University School of Law, single-handedly modernized the jury trial with his 1904-5 Treatise onevidence, an encyclopedic work that dominated the conduct of trials. In so doing, he inspired generations of progressive jurists—among them Oliver Wendell Holmes, Jr., Benjamin Cardozo, and Felix Frankfurter—to reshape American law to meet the demands of a new era. Yet Wigmore’s role as a prophet of modernity has slipped into obscurity. This book provides a radical reappraisal of his place in the birth of modern legal thought.
Author : Morton J. HORWITZ
Publisher : Harvard University Press
ISBN 13 : 0674038789
Total Pages : 378 pages
Book Rating : 4.6/5 (74 download)
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 2009-06-30 with total page 378 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.
Author : Kenneth J. Vandevelde
Publisher : Routledge
ISBN 13 : 0429973888
Total Pages : 350 pages
Book Rating : 4.4/5 (299 download)
Download or read book Thinking Like a Lawyer written by Kenneth J. Vandevelde and published by Routledge. This book was released on 2018-04-19 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law students, law professors, and lawyers frequently refer to the process of "thinking like a lawyer," but attempts to analyze in any systematic way what is meant by that phrase are rare. In his classic book, Kenneth J. Vandevelde defines this elusive phrase and identifies the techniques involved in thinking like a lawyer. Unlike most legal writings, which are plagued by difficult, virtually incomprehensible language, this book is accessible and clearly written and will help students, professionals, and general readers gain important insight into this well-developed and valuable way of thinking. Updated for a new generation of lawyers, the second edition features a new chapter on contemporary perspectives on legal reasoning. A useful new appendix serves as a survival guide for current and prospective law students and describes how to apply the techniques in the book to excel in law school.
Author : Anne M. Kornhauser
Publisher : University of Pennsylvania Press
ISBN 13 : 0812291158
Total Pages : 332 pages
Book Rating : 4.8/5 (122 download)
Download or read book Debating the American State written by Anne M. Kornhauser and published by University of Pennsylvania Press. This book was released on 2015-01-22 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: The New Deal left a host of political, institutional, and economic legacies. Among them was the restructuring of the government into an administrative state with a powerful executive leader and a large class of unelected officials. This "leviathan" state was championed by the political left, and its continued growth and dominance in American politics is seen as a product of liberal thought—to the extent that "Big Government" is now nearly synonymous with liberalism. Yet there were tensions among liberal statists even as the leviathan first arose. Born in crisis and raised by technocrats, the bureaucratic state always rested on shaky foundations, and the liberals who built and supported it disagreed about whether and how to temper the excesses of the state while retaining its basic structure and function. Debating the American State traces the encounter between liberal thought and the rise of the administrative state and the resulting legitimacy issues that arose for democracy, the rule of law, and individual autonomy. Anne Kornhauser examines a broad and unusual cast of characters, including American social scientists and legal academics, the philosopher John Rawls, and German refugee intellectuals who had witnessed the destruction of democracy in the face of a totalitarian administrative state. In particular, she uncovers the sympathetic but concerned voices—commonly drowned out in the increasingly partisan political discourse—of critics who struggled to reconcile the positive aspects of the administrative state with the negative pressure such a contrivance brought on other liberal values such as individual autonomy, popular sovereignty, and social justice. By showing that the leviathan state was never given a principled and scrupulous justification by its proponents, Debating the American State reveals why the liberal state today remains haunted by programmatic dysfunctions and relentless political attacks.
Author : Peter J. Parish
Publisher : Routledge
ISBN 13 : 1134261896
Total Pages : 930 pages
Book Rating : 4.1/5 (342 download)
Download or read book Reader's Guide to American History written by Peter J. Parish and published by Routledge. This book was released on 2013-06-17 with total page 930 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are so many books on so many aspects of the history of the United States, offering such a wide variety of interpretations, that students, teachers, scholars, and librarians often need help and advice on how to find what they want. The Reader's Guide to American History is designed to meet that need by adopting a new and constructive approach to the appreciation of this rich historiography. Each of the 600 entries on topics in political, social and economic history describes and evaluates some 6 to 12 books on the topic, providing guidance to the reader on everything from broad surveys and interpretive works to specialized monographs. The entries are devoted to events and individuals, as well as broader themes, and are written by a team of well over 200 contributors, all scholars of American history.
Author : Kunal M. Parker
Publisher : Cambridge University Press
ISBN 13 : 9781009335232
Total Pages : 0 pages
Book Rating : 4.3/5 (352 download)
Download or read book The Turn to Process written by Kunal M. Parker and published by Cambridge University Press. This book was released on 2023-10-31 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Turn to Process, Kunal M. Parker explores the massive reorientation of American legal, political, and economic thinking between 1870 and 1970. Over this period, American conceptions of law, democracy, and markets went from being oriented around truths, ends, and foundations to being oriented around methods, processes, and techniques. No longer viewed as founded in justice and morality, law became a way of doing things centered around legal procedure. Shedding its foundations in the 'people,' democracy became a technique of governance consisting of an endless process of interacting groups. Liberating themselves from the truths of labor, markets and market actors became intellectual and political techniques without necessary grounding in the reality of human behavior. Contrasting nineteenth and twentieth century legal, political, and economic thought, this book situates this transformation in the philosophical crisis of modernism and the rise of the administrative state.
Author : Larry DiMatteo
Publisher : BRILL
ISBN 13 : 9004480633
Total Pages : 330 pages
Book Rating : 4.0/5 (44 download)
Download or read book Equitable Law of Contracts written by Larry DiMatteo and published by BRILL. This book was released on 2021-10-25 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This remarkable study places the modern development of equitable contract principles on a firm theoretical foundation. The text shows that the idea of the just and equitable contract has never been entirely absent from contract law, and that its persistence in various guises, albeit often in a covert manner, has in fact been the essential element in judicial enforcement of contracts since Roman times. In support of his thesis Professor DiMatteo plumbs the deepest currents of common law and civil law practice in every age, showing how the principles of justice formulated by Aristotle, Augustine, Aquinas, Kant, Hegel, Weber, and other influential thinkers have become manifest in such underlying equitable contract principles as "just price," unconscionability, and reasonableness. A classroom adoption price is available. Published under the Transnational Publishers imprint.
