The Creation Of American Common Law 1850 1880

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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.

The Creation of American Common Law, 1850-1880

Author : Howard Schweber
Publisher : Cambridge University Press
ISBN 13 : 9780521158183
Total Pages : 306 pages
Book Rating : 4.1/5 (581 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 2011-04-14 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Common Law

Author : Oliver Wendell Holmes
Publisher :
ISBN 13 :
Total Pages : 154 pages
Book Rating : 4.5/5 (796 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 . This book was released on 2020-12-10 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

English Common Law in the Early American Colonies

Author : Paul Samuel Reinsch
Publisher :
ISBN 13 :
Total Pages : 84 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis English Common Law in the Early American Colonies by : Paul Samuel Reinsch

Download or read book English Common Law in the Early American Colonies written by Paul Samuel Reinsch and published by . This book was released on 1899 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Origin and Growth of the Common Law in England and America

Author : Peter Joseph Hamilton
Publisher :
ISBN 13 :
Total Pages : 250 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Origin and Growth of the Common Law in England and America by : Peter Joseph Hamilton

Download or read book The Origin and Growth of the Common Law in England and America written by Peter Joseph Hamilton and published by . This book was released on 1922 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Outline of a Course on the History and System of the Common Law

Author : Roscoe Pound
Publisher :
ISBN 13 :
Total Pages : 56 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Outline of a Course on the History and System of the Common Law by : Roscoe Pound

Download or read book Outline of a Course on the History and System of the Common Law written by Roscoe Pound and published by . This book was released on 1919 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:

English Common Law in the Early American Colonies (1899)

Author : Paul Samuel Reinsch
Publisher :
ISBN 13 : 9781436835510
Total Pages : 68 pages
Book Rating : 4.8/5 (355 download)

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Book Synopsis English Common Law in the Early American Colonies (1899) by : Paul Samuel Reinsch

Download or read book English Common Law in the Early American Colonies (1899) written by Paul Samuel Reinsch and published by . This book was released on 2008-06-01 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt: This scarce antiquarian book is a facsimile reprint of the original. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment for protecting, preserving, and promoting the world's literature in affordable, high quality, modern editions that are true to the original work.

English Common Law in the Early American Colonies

Author : Paul Samuel Reinsch
Publisher :
ISBN 13 :
Total Pages : 80 pages
Book Rating : 4.3/5 (243 download)

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Book Synopsis English Common Law in the Early American Colonies by : Paul Samuel Reinsch

Download or read book English Common Law in the Early American Colonies written by Paul Samuel Reinsch and published by . This book was released on 1977 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:

English Common Law in the Early American Colonies (Classic Reprint)

Author : Paul Samuel Reinsch
Publisher : Forgotten Books
ISBN 13 : 9780260219695
Total Pages : 70 pages
Book Rating : 4.2/5 (196 download)

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Book Synopsis English Common Law in the Early American Colonies (Classic Reprint) by : Paul Samuel Reinsch

Download or read book English Common Law in the Early American Colonies (Classic Reprint) written by Paul Samuel Reinsch and published by Forgotten Books. This book was released on 2017-11-03 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from English Common Law in the Early American Colonies The accepted legal theory of this transfer is well known. It is clearly stated by Story in Van Ness v. Packard, 2 Peters, 144 The common law of England is not to be taken in all respects to be that of America. Our ancestors brought with them its general principles, and claimed it as their birth-right; but they brought with them and adopted only that portion which was applicable to their condition. This theory is universally adopted by our courts, and it has given them the important power of judging of the applicability of the principles of the common law to American conditions. According to this view, the common law was from the first looked upon by the colonists as a system of positive and subsidiary law, applying where not replaced by colonial enactments or by special custom suited to new conditions. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

A Concise History of the Common Law

Author : Theodore Frank Thomas Plucknett
Publisher :
ISBN 13 : 9780865978065
Total Pages : 0 pages
Book Rating : 4.9/5 (78 download)

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Book Synopsis A Concise History of the Common Law by : Theodore Frank Thomas Plucknett

Download or read book A Concise History of the Common Law written by Theodore Frank Thomas Plucknett and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is published by Liberty Fund, Inc., a foundation established to encourage study of the ideal of a free and responsible individuals."

Readings on the History and System of the Common Law

Author : Roscoe Pound
Publisher : General Books
ISBN 13 : 9781458964571
Total Pages : 278 pages
Book Rating : 4.9/5 (645 download)

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Book Synopsis Readings on the History and System of the Common Law by : Roscoe Pound

Download or read book Readings on the History and System of the Common Law written by Roscoe Pound and published by General Books. This book was released on 2012-02 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1904 Excerpt: ... II. HISTORY OF THE COMMON LAW. There are two great systems of law, the Roman or Civil Law and the English or Common Law. Roman law, beginning as the law of the city of Rome, became the law of the Roman Empire and thus of the ancient world, and eventually, by absorption or reception from the twelfth to the eighteenth century, the law of modern continental Europe. It is now the foundation or a principal ingredient of the law in continental Europe, including Turkey, Scotland, Central and South America, Quebec and Louisiana, and all Spanish, Portuguese, or Dutch colonies or countries settled by those peoples. The common law, Teutonic in origin, was developed by the English courts from the thirteenth to the nineteenth centuries, and has spread over the world with the English race. It now prevails in England and Ireland; the United States, except Louisiana; Canada, except Quebec; Australia; India, except over Hindus and Mohammedans as to inheritance and family law; and the principal English colonies except in South Africa. D1llon, Laws And Jur1sprudence Of England And Amer1ca; 155 Now the great fact which, as we approach this subject, meets our view, is that the common law (including in the phrase "common law," as here used, the supplemental equity system of the Court of Chancery which grew out of the common law and constitutes a part of it) underlies the whole system of American law and jurisprudence. The expression, "the common law" is used in various senses: (a) sometimes in distinction from statute law; (b) sometimes in distinction from equity law; and (c) sometimes in distinction from the Roman or civil law. I use it in this lecture in the latter sense. I do not stop to inquire how the common law came to be introduced here and adopted by us. I deal with the ...

Common Law, History, and Democracy in America, 1790–1900

Author : Kunal M. Parker
Publisher : Cambridge University Press
ISBN 13 : 1139496360
Total Pages : 319 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Common Law, History, and Democracy in America, 1790–1900 by : Kunal M. Parker

Download or read book Common Law, History, and Democracy in America, 1790–1900 written by Kunal M. Parker and published by Cambridge University Press. This book was released on 2011-03-14 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Constitutional Context

Author : Kathleen S. Sullivan
Publisher : JHU Press
ISBN 13 : 9780801885525
Total Pages : 202 pages
Book Rating : 4.8/5 (855 download)

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Book Synopsis Constitutional Context by : Kathleen S. Sullivan

Download or read book Constitutional Context written by Kathleen S. Sullivan and published by JHU Press. This book was released on 2007-03-15 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description

The Cambridge Companion to the United States Constitution

Author : Karen Orren
Publisher : Cambridge University Press
ISBN 13 : 1108340350
Total Pages : 519 pages
Book Rating : 4.1/5 (83 download)

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Book Synopsis The Cambridge Companion to the United States Constitution by : Karen Orren

Download or read book The Cambridge Companion to the United States Constitution written by Karen Orren and published by Cambridge University Press. This book was released on 2018-03-22 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Common Law Inside the Female Body

Author : Anita Bernstein
Publisher : Cambridge University Press
ISBN 13 : 1107177812
Total Pages : 275 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Common Law Inside the Female Body by : Anita Bernstein

Download or read book The Common Law Inside the Female Body written by Anita Bernstein and published by Cambridge University Press. This book was released on 2019 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains why lawyers seeking gender progress from primary legal materials should start with the common law.

Controlling Administrative Power

Author : Peter Cane
Publisher : Cambridge University Press
ISBN 13 : 1316558932
Total Pages : 609 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis Controlling Administrative Power by : Peter Cane

Download or read book Controlling Administrative Power written by Peter Cane and published by Cambridge University Press. This book was released on 2016-03-29 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Sweet Taste of Liberty

Author : W. Caleb McDaniel
Publisher : Oxford University Press
ISBN 13 : 0190847018
Total Pages : 288 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis Sweet Taste of Liberty by : W. Caleb McDaniel

Download or read book Sweet Taste of Liberty written by W. Caleb McDaniel and published by Oxford University Press. This book was released on 2019-08-07 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.