Futureproofing The Common Law

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Futureproofing the Common Law

Author : Nicole Rogers
Publisher :
ISBN 13 : 9781032485423
Total Pages : 0 pages
Book Rating : 4.4/5 (854 download)

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Book Synopsis Futureproofing the Common Law by : Nicole Rogers

Download or read book Futureproofing the Common Law written by Nicole Rogers and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is a collection of speculative judgments that, along with accompanying commentaries, pursue a novel enquiry into how judges might respond to the formidable and planetary scaled challenges of the Anthropocene. The book's contributors - from Australia, Asia, Europe and the United Kingdom - take up a range of issues: including multispecies justice, the challenges of intergenerational justice, dimensions of post-colonial justice, the potential contribution of AI platforms to the judgment process, and the future of judging and law in and beyond the Anthropocene. The project takes its inspiration from existing critical judgments projects. It is, however, thoroughly interdisciplinary. In anticipating future scenarios, and designing or adapting legal principles to respond to them, the book's contributors have been assisted by climate scientists with expertise in future modelling; they have benefitted from the experience of fiction writers in future world building; and they have incorporated elements of the future worlds depicted in various texts of speculative fiction and artworks. The judgments are, moreover - and of necessity - speculative and hypothetical in their subject matter. Thus, taken together, they constitute a collaborative experiment in creating the inclusive and radical imaginaries of the future common law. The Anthropocene Judgments Project will appeal to critical and sociolegal academics, scholars in the environmental humanities, environmental lawyers, students and others with interests in the pressing issues of ecology, multispecies justice, climate change, the intersection of AI platforms and the law, and the future of law in the Anthropocene"--

The Anthropocene Judgments Project

Author : Nicole Rogers
Publisher : Taylor & Francis
ISBN 13 : 1003813143
Total Pages : 242 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis The Anthropocene Judgments Project by : Nicole Rogers

Download or read book The Anthropocene Judgments Project written by Nicole Rogers and published by Taylor & Francis. This book was released on 2023-12-01 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of speculative judgments that, along with accompanying commentaries, pursue a novel enquiry into how judges might respond to the formidable and planetary-scaled challenges of the Anthropocene. The book’s contributors –from Australia, Asia, Europe, and the United Kingdom –take up a range of issues: including multispecies justice, the challenges of intergenerational justice, dimensions of postcolonial justice, the potential contribution of AI platforms to the judgment process, and the future of judging and law in and beyond the Anthropocene. The project takes its inspiration from existing critical judgment projects. It is, however, thoroughly interdisciplinary. In anticipating future scenarios, and designing or adapting legal principles to respond to them, the book’s contributors have been assisted by climate scientists with expertise in future modelling; they have benefitted from the experience of fiction writers in future worldbuilding; and they have incorporated elements of the future worlds depicted in various texts of speculative fiction and artworks. The judgments are, of necessity, speculative and hypothetical in their subject matter. Thus, taken together, they constitute a collaborative experiment in creating the inclusive and radical imaginaries of the future common law. The Anthropocene Judgments Project will appeal to critical and sociolegal academics, scholars in the environmental humanities, environmental lawyers, students, and others with interests in the pressing issues of ecology, multispecies justice, climate change, the intersection of AI platforms and the law, and the future of law in the Anthropocene.

The Law of the Future and the Future of Law

Author : Sam Muller
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8293081279
Total Pages : 744 pages
Book Rating : 4.2/5 (93 download)

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Book Synopsis The Law of the Future and the Future of Law by : Sam Muller

Download or read book The Law of the Future and the Future of Law written by Sam Muller and published by Torkel Opsahl Academic EPublisher. This book was released on 2011-06-21 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of the Future and the Future of Law is a unique collection of 'think pieces' in which a wide variety of experts share their thoughts on how they envision the future of law. By asking the question -What do you see as the most significant challenges for the development of the law? What developments are we likely to see in the coming two to three decades? What do those developments mean for national legal systems as a whole?- the Hague Institute for the Internationalisation of Law (HiiL) has canvassed the views of a large number of renowned experts in particular areas of law. This volume was prepared as part of the Law of the Future Joint Action Programme and as the basis of the Law of the Future Conference on 23 and 24 June 2011. The Law of the Future Joint Action Programme is based on the premise that prospective thinking about law is not only desirable but also required in order to ensure that law and legal systems do not become obsolete, ineffective or unjust. The aim is to set a world standard in thinking ahead, to guide decision makers today. For more information, visit www.lawofthefuture.org.

The Common Law

Author : Oliver Wendell Holmes
Publisher : Simon and Schuster
ISBN 13 : 162793393X
Total Pages : 225 pages
Book Rating : 4.6/5 (279 download)

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Book Synopsis The Common Law by : Oliver Wendell Holmes

Download or read book The Common Law written by Oliver Wendell Holmes and published by Simon and Schuster. This book was released on 2014-03-27 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Common Law is a book about common law in the United states, including torts, property, contracts and crime, written by Supreme Court Justice Oliver Wendell Holmes, Jr. This classic is a must read for anyone wishing to understand American Common Law from an historical perspective. Simply one of the most important books ever written on American Law.

International Law and Posthuman Theory

Author : Matilda Arvidsson
Publisher : Taylor & Francis
ISBN 13 : 1003829171
Total Pages : 312 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis International Law and Posthuman Theory by : Matilda Arvidsson

Download or read book International Law and Posthuman Theory written by Matilda Arvidsson and published by Taylor & Francis. This book was released on 2024-01-02 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assembling a series of voices from across the field, this book demonstrates how posthuman theory can be employed to better understand and tackle some of the challenges faced by contemporary international law. With the vast environmental devastation being caused by climate change, the increasing use of artificial intelligence by international legal actors and the need for international law to face up to its colonial past, international law needs to change. But in regulating and preserving a stable global order in which states act as its main subjects, the traditional sources of international law – international legal statutes, customary international law, historical precedents and general principles of law – create a framework that slows down its capacity to act on contemporary challenges, and to imagine futures yet to come. In response, this collection maintains that posthuman theory can be used to better address the challenges faced by contemporary international law. Covering a wide array of contemporary topics – including environmental law, the law of the sea, colonialism, human rights, conflict and the impact of science and technology – it is the first book to bring new and emerging research on posthuman theory and international law together into one volume. This book’s posthuman engagement with central international legal debates, prefaced by the leading scholar in the field of posthuman theory, provides a perfect resource for students and scholars in international law, as well as critical and socio-legal theorists and others with interests in posthuman thought, technology, colonialism and ecology. Chapters 1, 9 and 11 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

Forum Non Conveniens

Author : Ronald A. Brand
Publisher : Oxford University Press
ISBN 13 : 0199745080
Total Pages : 358 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Forum Non Conveniens by : Ronald A. Brand

Download or read book Forum Non Conveniens written by Ronald A. Brand and published by Oxford University Press. This book was released on 2007-07-27 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: With increased international trade transactions and a corresponding increase in disputes arising from those transactions, the application of the doctrine of Forum Non Conveniens - the discretionary power of a court to decline jurisdiction based on the convenience of the parties and the interests of justice - has become extremely relevant when determining which country's court should preside over a controversy involving nationals of different countries. Forum Non Conveniens: History, Global Practice, and Future Under the Hague Convention on Choice of Court Agreements provides an in-depth analysis of the common law doctrine of Forum Non Conveniens as it has evolved in the four major common law countries (UK, US, Canada, and Australia), and looks at the similarities and differences of the doctrine among those four countries. It compares Forum Non Conveniens to the more rigid analogous doctrine of Lis Alibi Pendens found in civil law countries, which requires automatic deference to the court where a dispute is first filed and explains current initiatives for coordinating jurisdictional issues between the common law and civil law systems, the most important of which is the 2005 Hague Convention on Choice of Court Agreements. The authors explain how the Hague Convention provides a rational approach to the confluence of common law and civil law doctrines and how its application to international transactions is likely to temper judicial application of the doctrine of Forum Non Conveniens and provides greater predictability with respect to enforcement of private party choice of court agreements. Forum Non Conveniens: History, Global Practice, and Future Under the Hague Convention on Choice of Court Agreements is the only book to provide a complete explanation of Forum Non Conveniens in the context of global litigation, making it a very important resource and reference work.

Future-Proofing the Judiciary

Author : Brian Opeskin
Publisher : Springer Nature
ISBN 13 : 3030887472
Total Pages : 325 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis Future-Proofing the Judiciary by : Brian Opeskin

Download or read book Future-Proofing the Judiciary written by Brian Opeskin and published by Springer Nature. This book was released on 2022-01-01 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reinvigorates the field of socio-legal inquiry examining the relationship between law and demography. Originally conceived as 'population law' in the 1960s following a growth in population and a use of law to temper population growth, this book takes a new approach by examining how population change can affect the legal system, rather than the converse. It analyses the impact of demographic change on the judicial system, with a geographic focus on Australian courts but with global insights and it raises questions about institutional structures. Through four case studies, it examines how demographic change impacts on the judicial system and how should the judicial system adapt to embody a greater preparedness for the demographic changes that lie ahead? It makes recommendations for reform and speaks to applied demographers, socio-legal scholars, and those interested in judicial institutions.

Future Proofing Australia

Author : Brett Mason
Publisher : Melbourne Univ. Publishing
ISBN 13 : 0522862462
Total Pages : 272 pages
Book Rating : 4.5/5 (228 download)

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Book Synopsis Future Proofing Australia by : Brett Mason

Download or read book Future Proofing Australia written by Brett Mason and published by Melbourne Univ. Publishing. This book was released on 2013-02-01 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Future Proofing Australia is a selection of essays by distinguished thinkers and doers boldly confronting the future and mapping out a path for our country. The contributors understand that ideas matter. They want to see Australia identify, confront and overcome significant challenges affecting our country, so that future generations continue to enjoy our prosperity, opportunity and lifestyle that are much envied around the world. New, fresh ideas are the lifeblood of any successful society. Without these ideas, societies stagnate and then wither-unable to either face or resolve problems confronting them. Future Proofing Australia was conceived to assist that blood flow. It is designed to inform, challenge, and lift the level of public debate.

The Future of Law and eTechnologies

Author : Tanel Kerikmäe
Publisher : Springer
ISBN 13 : 3319268961
Total Pages : 233 pages
Book Rating : 4.3/5 (192 download)

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Book Synopsis The Future of Law and eTechnologies by : Tanel Kerikmäe

Download or read book The Future of Law and eTechnologies written by Tanel Kerikmäe and published by Springer. This book was released on 2016-02-22 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents groundbreaking discussions on e-residency, cryptocurrencies, scams, smart contracts, 3D printing, software agents, digital evidence and e-governance at the intersection of law, legal policies and modern technologies. The reader benefits from cutting-edge analyses that offer ideas and solutions to some of the most pressing issues caused by e-technologies. This collection is a useful tool for law and IT practitioners and an inspiring source for interdisciplinary research. Besides serving as a practical guideline, this book also reflects theoretical dimensions of future perspectives, as new technologies are not meant to change common values but to accommodate them.

The Future of Law

Author : Richard E. Susskind
Publisher :
ISBN 13 : 9780198260073
Total Pages : pages
Book Rating : 4.2/5 (6 download)

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Book Synopsis The Future of Law by : Richard E. Susskind

Download or read book The Future of Law written by Richard E. Susskind and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Futureproof

Author : D. Asher Ghertner
Publisher : Duke University Press
ISBN 13 : 1478007516
Total Pages : 191 pages
Book Rating : 4.4/5 (78 download)

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Book Synopsis Futureproof by : D. Asher Ghertner

Download or read book Futureproof written by D. Asher Ghertner and published by Duke University Press. This book was released on 2020-01-31 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: Security is a defining characteristic of our age and the driving force behind the management of collective political, economic, and social life. Directed at safeguarding society against future peril, security is often thought of as the hard infrastructures and invisible technologies assumed to deliver it: walls, turnstiles, CCTV cameras, digital encryption, and the like. The contributors to Futureproof redirect this focus, showing how security is a sensory domain shaped by affect and image as much as rules and rationalities. They examine security as it is lived and felt in domains as varied as real estate listings, active-shooter drills, border crossings, landslide maps, gang graffiti, and museum exhibits to theorize how security regimes are expressed through aesthetic forms. Taking a global perspective with studies ranging from Jamaica to Jakarta and Colombia to the U.S.-Mexico border, Futureproof expands our understanding of the security practices, infrastructures, and technologies that pervade everyday life. Contributors. Victoria Bernal, Jon Horne Carter, Alexandra Demshock, Zaire Z. Dinzey-Flores, Didier Fassin, D. Asher Ghertner, Daniel M. Goldstein, Rachel Hall, Rivke Jaffe, Ieva Jusionyte, Catherine Lutz, Alejandra Leal Martínez, Hudson McFann, Limor Samimian-Darash, AbdouMaliq Simone, Austin Zeiderman

Future-proofing—Valuing Adaptability, Flexibility, Convertibility and Options

Author : David G. Carmichael
Publisher : Springer Nature
ISBN 13 : 9811507236
Total Pages : 180 pages
Book Rating : 4.8/5 (115 download)

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Book Synopsis Future-proofing—Valuing Adaptability, Flexibility, Convertibility and Options by : David G. Carmichael

Download or read book Future-proofing—Valuing Adaptability, Flexibility, Convertibility and Options written by David G. Carmichael and published by Springer Nature. This book was released on 2019-11-27 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a unifying approach to the valuation of incorporated flexibility. Flexibility, in general terms, recognizes future uncertainty and refers to being proactive now so as to secure the future possibility of being able to adapt, convert, or generally introduce a change, if it is worthwhile to do so at the time. That is, deliberate provision is made now in order to have the ability (but not the obligation) to adapt, convert, or change in the future; this change is discretionary, and depends on future circumstances. The applications demonstrated here cover engineering, building, housing, finance, economics, contracts, general management, and project management. The examples are as follows: designing/building features in infrastructure (including buildings and houses) such that the infrastructure can be adapted in response to future changes in climate, demographics, or usage; incorporating features in contracts such that the terms and conditions can be changed in response to changing situations; purchasing rights now such that options exist to buy or sell an asset in the future; structuring a financial investment agreement so that its terms and conditions can be changed in the future; structuring project payments to provide future guarantees of revenue if needed; and designing an operation such that it can be expanded, contracted, abandoned, switched, changed, delayed, or deferred in the future. The level of required mathematics is kept at a very modest level: an undergraduate knowledge of algebra and probability is all that is required. Numerical examples, accompanied by readily understandable diagrams, illustrate the methods outlined. The formulations are kept straightforward and accessible for practitioners and academics alike.

The Nature of the Common Law

Author : Melvin Aron Eisenberg
Publisher : Harvard University Press
ISBN 13 : 0674263251
Total Pages : 220 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis The Nature of the Common Law by : Melvin Aron Eisenberg

Download or read book The Nature of the Common Law written by Melvin Aron Eisenberg and published by Harvard University Press. This book was released on 1991-10-01 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much of our law is based on authoritative texts, such as constitutions and statutes. The common law, in contrast, is that part of the law that is established by the courts. Common law rules predominate in some areas of law, such as torts and contracts, and are extremely important in other areas, such as corporations. Nevertheless, it has been far from clear what principles courts use—or should use—in establishing common law rules. In this lucid yet subtly argued book, Melvin Eisenberg develops the principles that govern this process. The rules established in every common law case, he shows, are a product of the interplay between the rules announced in past precedents, on the one hand, and moral norms, policies, and experience, on the other. However, a court establishing a common law rule is not free, as a legislator would be, to employ those norms and policies it thinks best. Rather, it can properly employ only those that have a requisite degree of social support. More specifically, the common law should seek to satisfy three standards. First, it should correspond to the body of rules that would be arrived at by giving appropriate weight to all moral norms, policies, and experiential propositions that have the requisite support, and by making the best choices where norms, policies, and experience conflict. Second, all the rules that make up the body of the law should be consistent with one another. Third, the rules adopted in past precedents should be applied consistently over time. Often, these three standards point in the same direction. The central problems of legal reasoning arise when they do not. These problems are resolved by the principles of common law adjudication. With the general principles of common law adjudication as a background, the author then examines and explains the specific modes of common law reasoning, such as reasoning from precedent, reasoning by analogy, drawing distinctions, and overruling. Throughout the book, the analysis is fully illustrated by leading cases. This innovative and carefully worked out account of the common law will be of great interest to lawyers, law students, students in undergraduate legal studies programs, scholars interested in legal theory, and all those who want to understand the basic legal institutions of our society.

Safeguarding the Future

Author : Jonathan Boston
Publisher : Bridget Williams Books
ISBN 13 : 0947518266
Total Pages : 216 pages
Book Rating : 4.9/5 (475 download)

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Book Synopsis Safeguarding the Future by : Jonathan Boston

Download or read book Safeguarding the Future written by Jonathan Boston and published by Bridget Williams Books. This book was released on 2017-03-08 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an era of populist politics, Brexit, Donald Trump, 24-hour news cycles and perpetual election campaigning, how do we govern well for the future? How do we take the long view, ensuring that present-day policy decisions reflect the needs and safeguard the interests of future generations? In this timely BWB Text, acclaimed policy scholar Jonathan Boston sets out what ‘anticipatory governance’ might look like in New Zealand. Confronted with a world becoming more uncertain by the day, this book is essential reading for anyone questioning how democratic societies can tackle the unprecedented challenges ahead.

Netherlands Yearbook of International Law 2021

Author : Daniëlla Dam-de Jong
Publisher : Springer Nature
ISBN 13 : 9462655871
Total Pages : 348 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Netherlands Yearbook of International Law 2021 by : Daniëlla Dam-de Jong

Download or read book Netherlands Yearbook of International Law 2021 written by Daniëlla Dam-de Jong and published by Springer Nature. This book was released on 2023-04-27 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book engages with international legal responses to the global environmental crisis. Humanity faces a triple planetary crisis, consisting of the interlinked problems of climate change, depletion of biological diversity and pollution.The chapters in this volume of the Netherlands Yearbook of International Law address important questions of how and to what extent these environmental concerns have been integrated into international law, who or what drives these developments, and what all of this tells us about international law’s ability to tackle the challenges that a deteriorating environment brings for the future of life on Earth. The strength of the volume is that it brings together a wide range of perspectives on the ‘greening’ phenomenon in international law. It includes perspectives from international environmental law, human rights law, investment law, financial law, humanitarian law and criminal law. Moreover, it raises important questions regarding the validity of the predominant approach in international law to (the protection of) nature. By providing such a wide range of perspectives on international legal responses (or lack thereof) to the environmental crisis, the volume seeks to engage scholars and practitioners from a variety of disciplines. It invites readers to compare the state-of-the-art across disciplines and to reflect on ways to strengthen international law’s responses to the environmental crisis. Furthermore, as has become standard for the Netherlands Yearbook of International Law, the second part consists of a section on Dutch practice in international law. The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles in a varying thematic area of public international law. Chapter 3 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

The Common Law

Author : Oliver Holmes
Publisher :
ISBN 13 : 9781542582636
Total Pages : 252 pages
Book Rating : 4.5/5 (826 download)

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Book Synopsis The Common Law by : Oliver Holmes

Download or read book The Common Law written by Oliver Holmes and published by . This book was released on 2017-01-16 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains original full version of 252 pages of The Common Law of Oliver Wendell Holmes. The Common Law (also known as case law or precedent) is law developed by judges, courts, and similar tribunals, stated in decisions that nominally decide individual cases but that in addition have precedential effect on future cases. Common law is a third branch of law, in contrast to and on equal footing with statutes which are adopted through the legislative process, and regulations which are promulgated by the executive branch. In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts. If a similar dispute has been resolved in the past, the court is usually bound to follow the reasoning used in the prior decision (a principle known as stare decisis). If, however, the court finds that the current dispute is fundamentally distinct from all previous cases (called a "matter of first impression"), judges have the authority and duty to resolve the issue (one party or the other has to win, and on disagreements of law, judges make that decision). Resolution of the issue in one case becomes precedent that binds future courts. Stare decisis, the principle that cases should be decided according to consistent principled rules so that similar facts will yield similar results, lies at the heart of all common law systems. A "common law system" is a legal system that gives great precedential weight to common law. Common law systems originated during the Middle Ages in England, and from there propagated to the colonies of the British Empire. Today, one third of the world's population live in common law jurisdictions or in systems mixed with civil law.

The Creation of American Common Law, 1850–1880

Author : Howard Schweber
Publisher : Cambridge University Press
ISBN 13 : 9781139449946
Total Pages : 314 pages
Book Rating : 4.4/5 (499 download)

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Book Synopsis The Creation of American Common Law, 1850–1880 by : Howard Schweber

Download or read book The Creation of American Common Law, 1850–1880 written by Howard Schweber and published by Cambridge University Press. This book was released on 2004-01-12 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.