The Death Of Contract Together With The Ages Of American Law Grant Gilmore

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The Ages of American Law

Author : Grant Gilmore
Publisher : Yale University Press
ISBN 13 : 030021104X
Total Pages : 248 pages
Book Rating : 4.3/5 (2 download)

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Book Synopsis The Ages of American Law by : Grant Gilmore

Download or read book The Ages of American Law written by Grant Gilmore and published by Yale University Press. This book was released on 2015-01-13 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following its publication in 1974, Grant Gilmore's compact portrait of the development of American law from the eighteenth century to the mid-twentieth century became a classic. In this new edition, the portrait is brought up to date with a new chapter by Philip Bobbitt that surveys the trajectory of American law since the original publication. Bobbitt also provides a Foreword on Gilmore and the celebrated lectures that inspired The Ages of American Law. "Sharp, opinionated, and as pungent as cheddar."—New Republic "This book has the engaging qualities of good table talk among a group of sophisticated and educated friends—given body by broad learning and a keen imagination and spiced with wit."—Willard Hurst

Legal Realism and American Law

Author : Justin Zaremby
Publisher : A&C Black
ISBN 13 : 1441135723
Total Pages : 190 pages
Book Rating : 4.4/5 (411 download)

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Book Synopsis Legal Realism and American Law by : Justin Zaremby

Download or read book Legal Realism and American Law written by Justin Zaremby and published by A&C Black. This book was released on 2013-12-05 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the first part of the 20th century, a group of law scholars offered engaging, and occasionally disconcerting, views on the role of judges and the relationship between law and politics in the United States. These legal realists borrowed methods from the social sciences to carefully study the law as experienced by lawyers, judges, and average citizens and promoted a progressive vision for American law and society. Legal realism investigated the nature of legal reasoning, the purpose of law, and the role of judges. The movement asked questions which reshaped the study of jurisprudence and continue to drive lively debates about the law and politics in classrooms, courtrooms, and even the halls of Congress. This thorough analysis provides an introduction to the ideas, context, and leading personalities of legal realism. It helps situate an important movement in legal theory in the context of American politics and political thought and will be of great interest to students of judicial politics, American constitutional development, and political theory.

Legal Positivism in American Jurisprudence

Author : Anthony J. Sebok
Publisher : Cambridge University Press
ISBN 13 : 0521480418
Total Pages : 343 pages
Book Rating : 4.5/5 (214 download)

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Book Synopsis Legal Positivism in American Jurisprudence by : Anthony J. Sebok

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.

Gifts

Author : Richard Hyland
Publisher : Oxford University Press
ISBN 13 : 0190451157
Total Pages : 730 pages
Book Rating : 4.1/5 (94 download)

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Book Synopsis Gifts by : Richard Hyland

Download or read book Gifts written by Richard Hyland and published by Oxford University Press. This book was released on 2009-06-05 with total page 730 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gifts: A Study in Comparative Law is the first broad-based study of the law governing the giving and revocation of gifts ever attempted. Gift-giving is everywhere governed by social and customary norms before it encounters the law and the giving of gifts takes place largely outside of the marketplace. As a result of these two characteristics, the law of gifts provides an optimal lens through which to examine how different legal systems engage with social practice. The law of gifts is well-developed both in the civil and the common laws. Richard Hyland's study provides an excellent view of the ways in which different civil and common law jurisdictions confront common issues. The legal systems discussed include principally, in the common law, those of Great Britain, the United States, and India, and, in the civil law, the private law systems of Belgium and France, Germany, Italy, and Spain. Professor Hyland also serves a critique of the dominant method in the field, which is a form of functionalism based on what is called the praesumptio similitudinis, namely the axiom that, once legal doctrine is stripped away, developed legal systems tend to reach similar practical results. His study demonstrates, to the contrary, that legal systems actually differ, not only in their approach and conceptual structure, but just as much in the results.

The Fall and Rise of Freedom of Contract

Author : F. H. Buckley
Publisher : Duke University Press
ISBN 13 : 0822380129
Total Pages : 479 pages
Book Rating : 4.8/5 (223 download)

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Book Synopsis The Fall and Rise of Freedom of Contract by : F. H. Buckley

Download or read book The Fall and Rise of Freedom of Contract written by F. H. Buckley and published by Duke University Press. This book was released on 1999-08-27 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Declared dead some twenty-five years ago, the idea of freedom of contract has enjoyed a remarkable intellectual revival. In The Fall and Rise of Freedom of Contract leading scholars in the fields of contract law and law-and-economics analyze the new interest in bargaining freedom. The 1970s was a decade of regulatory triumphalism in North America, marked by a surge in consumer, securities, and environmental regulation. Legal scholars predicted the “death of contract” and its replacement by regulation and reliance-based theories of liability. Instead, we have witnessed the reemergence of free bargaining norms. This revival can be attributed to the rise of law-and-economics, which laid bare the intellectual failure of anticontractarian theories. Scholars in this school note that consumers are not as helpless as they have been made out to be, and that intrusive legal rules meant ostensibly to help them often leave them worse off. Contract law principles have also been very robust in areas far afield from traditional contract law, and the essays in this volume consider how free bargaining rights might reasonably be extended in tort, property, land-use planning, bankruptcy, and divorce and family law. This book will be of particular interest to legal scholars and specialists in contract law. Economics and public policy planners will also be challenged by its novel arguments. Contributors. Gregory S. Alexander, Margaret F. Brinig, F. H. Buckley, Robert Cooter, Steven J. Eagle, Robert C. Ellickson, Richard A. Epstein, William A. Fischel, Michael Klausner, Bruce H. Kobayashi, Geoffrey P. Miller, Timothy J. Muris, Robert H. Nelson, Eric A. Posner, Robert K. Rasmussen, Larry E. Ribstein, Roberta Romano, Paul H. Rubin, Alan Schwartz, Elizabeth S. Scott, Robert E. Scott, Michael J. Trebilcock

The Ages of American Law

Author : Grant Gilmore
Publisher : Yale University Press
ISBN 13 : 0300189915
Total Pages : 248 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis The Ages of American Law by : Grant Gilmore

Download or read book The Ages of American Law written by Grant Gilmore and published by Yale University Press. This book was released on 2014-01-01 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following its publication in 1974, Grant Gilmore's compact portrait of the development of American law from the eighteenth century to the mid-twentieth century became a classic. In this new edition, the portrait is brought up to date with a new chapter by Philip Bobbitt that surveys the trajectory of American law since the original publication. Bobbitt also provides a Foreword on Gilmore and the celebrated lectures that inspired The Ages of American Law. "Sharp, opinionated, and as pungent as cheddar."--New Republic "This book has the engaging qualities of good table talk among a group of sophisticated and educated friends--given body by broad learning and a keen imagination and spiced with wit."--Willard Hurst

Logic and Experience

Author : William P. LaPiana
Publisher : Oxford University Press
ISBN 13 : 019535995X
Total Pages : 265 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Logic and Experience by : William P. LaPiana

Download or read book Logic and Experience written by William P. LaPiana and published by Oxford University Press. This book was released on 1994-01-20 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 19th century saw dramatic changes in the legal education system in the United States. Before the Civil War, lawyers learned their trade primarily through apprenticeship and self-directed study. By the end of the 19th century, the modern legal education system which was developed primarily by Dean Christopher Langdell at Harvard was in place: a bachelor's degree was required for admission to the new model law school, and a law degree was promoted as the best preparation for admission to the bar. William P. LaPiana provides an in-depth study of the intellectual history of the transformation of American legal education during this period. In the process, he offers a revisionist portrait of Langdell, the Dean of Harvard Law School from 1870 to 1900, and the earliest proponent for the modern method of legal education, as well as portraying for the first time the opposition to the changes at Harvard.

Scholars of Contract Law

Author : James Goudkamp
Publisher : Bloomsbury Publishing
ISBN 13 : 1509938478
Total Pages : 437 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Scholars of Contract Law by : James Goudkamp

Download or read book Scholars of Contract Law written by James Goudkamp and published by Bloomsbury Publishing. This book was released on 2022-12-01 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a counter-balance to the traditional focus on judicial decisions by exploring the contribution of legal scholars to the development of private law. In the book the work of a selection of leading scholars of contract law from across the common law world, ranging from Sir Jeffrey Gilbert (1674–1726) to Professor Brian Coote (1929–2019), is addressed by legal historians and current scholars in the field. The focus is on the nature of the work produced by the scholars in question, important influences on their work, and the impact which that work in turn had on thinking about contract law. The book also includes an introductory chapter and an afterword by Professor William Twining that explore connections between the scholars and recurrent themes. The process of subjecting contract law scholarship to sustained analysis provides new insights into the intellectual development of contract law and reveals the central role played by scholars in that process. And by focusing attention on the work of influential contract scholars, the book serves to emphasise the importance of legal scholarship to the development of the common law more generally.

The Second Greatest American

Author : Daniel Kornstein
Publisher : AuthorHouse
ISBN 13 : 1524694029
Total Pages : 368 pages
Book Rating : 4.5/5 (246 download)

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Book Synopsis The Second Greatest American by : Daniel Kornstein

Download or read book The Second Greatest American written by Daniel Kornstein and published by AuthorHouse. This book was released on 2017-06-15 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The extraordinary wartime incident at Fort Stevens fascinates us. Pause for a minute and just think about it. A twenty-three-year-old American soldier screams at the president of the United States in the midst of a battle, calls him a damned fool, and gets him out of harms way. And then, with bullets whizzing by, they both proceed as if nothing unusual happened. All in a days work. Nothing special. No medal, no White House ceremony, no photo op. Nothing. What a scene! It is almost too fantastic, too dramatic to be real, too amazing to be true. A movie director like Steven Spielberg could do wonders with it. Imagine the cinematic possibilities. Daniel Day-Lewis could reprise his role as Lincoln, and Jake Gyllenhaal or Ryan Gosling could play the youthful Holmes. It would be a box office hit, a patriotic classic, and what Variety would call socko boffo.

Real Estate Law

Author : Peter E. Smirniotopoulos
Publisher : Taylor & Francis
ISBN 13 : 1317650166
Total Pages : 532 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis Real Estate Law by : Peter E. Smirniotopoulos

Download or read book Real Estate Law written by Peter E. Smirniotopoulos and published by Taylor & Francis. This book was released on 2016-11-18 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike existing textbooks written for law students on specific subjects impacting real estate transactions, Real Estate Law: Fundamentals for The Development Process uses "The Development Process" as a framework for understanding how the U.S. legal system regulates, facilitates, and generally impacts real estate transactions and their outcomes. This book not only addresses the nature of specific legal issues directly relating to real estate transactions but also how those issues may best be identified and addressed in advance. This book breaks down the myriad of laws influencing the selection, acquisition, development, financing, ownership, and management of real estate, and presents them in context. Readers of Real Estate Law will gain a practical understanding, from the perspective of a real property developer or real estate executive, investor, or lender, of: how to identify potential legal issues before they arise; when to involve a real estate attorney; how to select an attorney with the appropriate, relevant experience; and how to efficiently and economically engage and manage legal counsel in addressing real estate issues. Written as a graduate-level text book, Real Estate Law comes with numerous useful features including a glossary of terms, chapter summaries, discussion questions, further reading, and a companion website with instructor resources. It is a resource of great value to real estate and finance professionals, both with and without law degrees, engaged in one aspect or another of real estate development and finance, who want to become more conversant in the legal issues impacting these transactions.

Law In The Sociological Enterprise

Author : Lisa J. McIntyre
Publisher : Routledge
ISBN 13 : 042972022X
Total Pages : 293 pages
Book Rating : 4.4/5 (297 download)

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Book Synopsis Law In The Sociological Enterprise by : Lisa J. McIntyre

Download or read book Law In The Sociological Enterprise written by Lisa J. McIntyre and published by Routledge. This book was released on 2019-03-11 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few would dispute the notion that law has a tremendous impact on modern life. But social scientists who study the dynamics of family, work, and other important social institutions often ignore the pervasive influence of law. This introduction to the legal world and the sociology of law shows how social scientists can better account for the influences of legal issues in a wide range of social settings. Incorporating historical and cross-cultural research into her book, Lisa J. McIntyre explains the general effects of law on interpersonal relations, the concept of the civil contract, and the relationship between law and social norms. She discusses why some societies and domains within societies have more law than others and shows that, contrary to popular wisdom, law is not only a reflection of social values but also fundamental to the formation of those values.

The Irony of Regulatory Reform

Author : Robert Britt Horwitz
Publisher : Oxford University Press, USA
ISBN 13 : 0195054458
Total Pages : 430 pages
Book Rating : 4.1/5 (95 download)

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Book Synopsis The Irony of Regulatory Reform by : Robert Britt Horwitz

Download or read book The Irony of Regulatory Reform written by Robert Britt Horwitz and published by Oxford University Press, USA. This book was released on 1989 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: Horwitz here examines the history of telecommunications to build a compelling new theory of regulation, showing how anti-regulation rhetoric has often had unintended and unwanted effects on American industry.

The Democratic Constitution

Author : Brian E. Butler
Publisher : University of Chicago Press
ISBN 13 : 022647450X
Total Pages : 258 pages
Book Rating : 4.2/5 (264 download)

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Book Synopsis The Democratic Constitution by : Brian E. Butler

Download or read book The Democratic Constitution written by Brian E. Butler and published by University of Chicago Press. This book was released on 2017-08-21 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court is seen today as the ultimate arbiter of the Constitution. Once the Court has spoken, it is the duty of the citizens and their elected officials to abide by its decisions. But the conception of the Supreme Court as the final interpreter of constitutional law took hold only relatively recently. Drawing on the pragmatic ideals characterized by Charles Sanders Peirce, John Dewey, Charles Sabel, and Richard Posner. Brian E. Butler shows how this conception is inherently problematic for a healthy democracy. Butler offers an alternative democratic conception of constitutional law, “democratic experimentalism,” and applies it in a thorough reconstruction of Supreme Court cases across the centuries, such as Brown v. Board of Education, Citizens United v. Federal Election Commission, Lucas v. South Carolina Coastal Council, and Lochner v. New York. In contrast to the traditional tools and conceptions of legal analysis that see the law as a formally unique and separate type of practice, democratic experimentalism combines democratic aims and experimental practice. Butler also suggests other directions jurisprudential roles could take: for example, adjudication could be performed by primary stakeholders with better information. Ultimately, Butler argues persuasively for a move away from the current absolute centrality of courts toward a system of justice that emphasizes local rule and democratic choice.

Oliver Wendell Holmes Jr. and Legal Logic

Author : Frederic R. Kellogg
Publisher : University of Chicago Press
ISBN 13 : 022652406X
Total Pages : 238 pages
Book Rating : 4.2/5 (265 download)

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Book Synopsis Oliver Wendell Holmes Jr. and Legal Logic by : Frederic R. Kellogg

Download or read book Oliver Wendell Holmes Jr. and Legal Logic written by Frederic R. Kellogg and published by University of Chicago Press. This book was released on 2018-03-16 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: With Oliver Wendell Holmes, Jr. and Legal Logic, Frederic R. Kellogg examines the early diaries, reading, and writings of Justice Oliver Wendell Holmes, Jr. (1841–1935) to assess his contribution to both legal logic and general logical theory. Through discussions with his mentor Chauncey Wright and others, Holmes derived his theory from Francis Bacon’s empiricism, influenced by recent English debates over logic and scientific method, and Holmes’s critical response to John Stuart Mill’s 1843 A System of Logic. Conventional legal logic tends to focus on the role of judges in deciding cases. Holmes recognized input from outside the law—the importance of the social dimension of legal and logical induction: how opposing views of “many minds” may converge. Drawing on analogies from the natural sciences, Holmes came to understand law as an extended process of inquiry into recurring problems. Rather than vagueness or contradiction in the meaning or application of rules, Holmes focused on the relation of novel or unanticipated facts to an underlying and emergent social problem. Where the meaning and extension of legal terms are disputed by opposing views and practices, it is not strictly a legal uncertainty, and it is a mistake to expect that judges alone can immediately resolve the larger issue.

English Common Law in the Age of Mansfield

Author : James Oldham
Publisher : Univ of North Carolina Press
ISBN 13 : 0807864005
Total Pages : 445 pages
Book Rating : 4.8/5 (78 download)

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Book Synopsis English Common Law in the Age of Mansfield by : James Oldham

Download or read book English Common Law in the Age of Mansfield written by James Oldham and published by Univ of North Carolina Press. This book was released on 2005-12-15 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the eighteenth century, the English common law courts laid the foundation that continues to support present-day Anglo-American law. Lord Mansfield, Chief Justice of the Court of King's Bench, 1756-1788, was the dominant judicial force behind these developments. In this abridgment of his two-volume book, The Mansfield Manuscripts and the Growth of English Law in the Eighteenth Century, James Oldham presents the fundamentals of the English common law during this period, with a detailed description of the operational features of the common law courts. This work includes revised and updated versions of the historical and analytical essays that introduced the case transcriptions in the original volumes, with each chapter focusing on a different aspect of the law. While considerable scholarship has been devoted to the eighteenth-century English criminal trial, little attention has been given to the civil side. This book helps to fill that gap, providing an understanding of the principal body of substantive law with which America's founding fathers would have been familiar. It is an invaluable reference for practicing lawyers, scholars, and students of Anglo-American legal history.

Legal Education in the Digital Age

Author : Edward Rubin
Publisher : Cambridge University Press
ISBN 13 : 1107378729
Total Pages : 271 pages
Book Rating : 4.1/5 (73 download)

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Book Synopsis Legal Education in the Digital Age by : Edward Rubin

Download or read book Legal Education in the Digital Age written by Edward Rubin and published by Cambridge University Press. This book was released on 2012-04-16 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the coming decades, the digital revolution that has transformed so much of our world will transform legal education as well. The digital production and distribution of course materials will powerfully affect both the content and the way materials are used in the classroom and library. This collection of essays by leading legal scholars in various fields explores three aspects of this coming transformation. The first set of essays discusses the way digital materials will be created and how they will change concepts of authorship as well as methods of production and distribution. The second set explores the impact of digital materials on law school classrooms and law libraries and the third set considers the potential transformation of the curriculum that the materials are likely to produce. Taken together, these essays provide a guide to momentous changes that every legal teacher and scholar needs to understand.

American Law in the Twentieth Century

Author : Lawrence Meir Friedman
Publisher : Yale University Press
ISBN 13 : 0300102992
Total Pages : 1468 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis American Law in the Twentieth Century by : Lawrence Meir Friedman

Download or read book American Law in the Twentieth Century written by Lawrence Meir Friedman and published by Yale University Press. This book was released on 2004-01-01 with total page 1468 pages. Available in PDF, EPUB and Kindle. Book excerpt: American law in the twentieth century describes the explosion of law over the past century into almost every aspect of American life. Since 1900 the center of legal gravity in the United States has shifted from the state to the federal government, with the creation of agencies and programs ranging from Social Security to the Securities Exchange Commission to the Food and Drug Administration. Major demographic changes have spurred legal developments in such areas as family law and immigration law. Dramatic advances in technology have placed new demands on the legal system in fields ranging from automobile regulation to intellectual property. Throughout the book, Friedman focuses on the social context of American law. He explores the extent to which transformations in the legal order have resulted from the social upheavals of the twentieth century--including two world wars, the Great Depression, the civil rights movement, and the sexual revolution. Friedman also discusses the international context of American law: what has the American legal system drawn from other countries? And in an age of global dominance, what impact has the American legal system had abroad? This engrossing book chronicles a century of revolutionary change within a legal system that has come to affect us all.