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Author: William Edward Nelson
Publisher: University of Georgia Press
ISBN: 0820315877
Category : Law
Languages : en
Pages : 301
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Book Description
Americanization of the Common Law remains one of the standard works on the transformation of law in America from the late colonial period to the end of the early republic. In a straightforward manner, William E. Nelson analyzes the profound ideological movement that grew out of the American Revolution and caused substantial structural change in the legal and social order of Massachusetts and, by extension, in the nation at large. The Revolution, Nelson argues, transformed a hierarchical and communitarian legal and social order into an egalitarian and individualistic one. For this edition, Nelson has written a new preface in which he discusses the book's initial reception and the relevant historiographical issues that have arisen since it was first published in 1975.
Author: William Edward Nelson
Publisher: University of Georgia Press
ISBN: 0820315877
Category : Law
Languages : en
Pages : 301
Get Book Here
Book Description
Americanization of the Common Law remains one of the standard works on the transformation of law in America from the late colonial period to the end of the early republic. In a straightforward manner, William E. Nelson analyzes the profound ideological movement that grew out of the American Revolution and caused substantial structural change in the legal and social order of Massachusetts and, by extension, in the nation at large. The Revolution, Nelson argues, transformed a hierarchical and communitarian legal and social order into an egalitarian and individualistic one. For this edition, Nelson has written a new preface in which he discusses the book's initial reception and the relevant historiographical issues that have arisen since it was first published in 1975.
Author: William Edward Nelson
Publisher:
ISBN: 0190880805
Category : History
Languages : en
Pages : 289
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Book Description
In E Pluribus Unum, eminent legal historian William E. Nelson shows that the colonies' gradual embrace of the common law was instrumental to the establishment of the United States. He traces how the diverse legal orders of Britain's thirteen colonies gradually evolved into one system, adding to our understanding of how law impacted governance in the colonial era and beyond.
Author: William E. Nelson
Publisher: Harvard University Press
ISBN: 9780674041424
Category : Political Science
Languages : en
Pages : 284
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Book Description
In a remarkably fresh and historically grounded reinterpretation of the American Constitution, William Nelson argues that the fourteenth amendment was written to affirm the general public's long-standing rhetorical commitment to the principles of equality and individual rights on the one hand, and to the principle of local self-rule on the other.
Author: Alan Watson
Publisher: University of Georgia Press
ISBN: 9780820321615
Category : Law
Languages : en
Pages : 238
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Book Description
Law and society are closely related, though the relationship between the two is both complicated and understudied. In a world of rapidly changing people, places, and ideas, law is frequently taken out of context, often with surprising and unnecessary consequences. As societies and their structures, religious doctrines, and economies change, laws previously established often remain unchanged. Dominant nations frequently impose their own laws on weaker nations, whether or not their cultures are similar. Conquered nations, after regaining freedom, often keep their conquerors' laws by default. Law is often misrepresented in literature, and legal scholars, citizens, and businesspeople alike ignore large portions of the legislation under which they live and work. Even the American system of legal education frequently proves itself irrelevant to a proper understanding of today's laws. Alan Watson studies examples from the ancient laws of Rome and Byzantium, laws within the Christian Gospels, and policies of legal education in the modern United States to demonstrate the need for a new approach to both law and legal education. Law Out of Context illustrates that only by understanding comparative legal history and by paying more attention to changes in our society can we hope to devise consistently fair and respected laws.
Author: Lloyd Bonfield
Publisher: West Academic Publishing
ISBN: 9780314150165
Category : Law
Languages : en
Pages : 0
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Book Description
This book, suitable as a primer for foreign LLMs ? or as an introductory survey for American students of both procedural and substantive law ? is a comprehensive, though concise, survey of the American legal system ? its structure and its methodology.
Author: Morton J. HORWITZ
Publisher: Harvard University Press
ISBN: 0674038789
Category : Law
Languages : en
Pages : 378
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Book Description
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: R. Randall Bridwell
Publisher: Free Press
ISBN:
Category : Law
Languages : en
Pages : 232
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Book Description
Author: Richard D. Alba
Publisher: Harvard University Press
ISBN: 9780674020115
Category : Social Science
Languages : en
Pages : 388
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Book Description
In this age of multicultural democracy, the idea of assimilation--that the social distance separating immigrants and their children from the mainstream of American society closes over time--seems outdated and, in some forms, even offensive. But as Richard Alba and Victor Nee show in the first systematic treatment of assimilation since the mid-1960s, it continues to shape the immigrant experience, even though the geography of immigration has shifted from Europe to Asia, Africa, and Latin America. Institutional changes, from civil rights legislation to immigration law, have provided a more favorable environment for nonwhite immigrants and their children than in the past. Assimilation is still driven, in claim, by the decisions of immigrants and the second generation to improve their social and material circumstances in America. But they also show that immigrants, historically and today, have profoundly changed our mainstream society and culture in the process of becoming Americans. Surveying a variety of domains--language, socioeconomic attachments, residential patterns, and intermarriage--they demonstrate the continuing importance of assimilation in American life. And they predict that it will blur the boundaries among the major, racially defined populations, as nonwhites and Hispanics are increasingly incorporated into the mainstream.
Author: Jedidiah Joseph Kroncke
Publisher: Oxford University Press
ISBN: 0190233524
Category : Law
Languages : en
Pages : 373
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Book Description
This text uses the Sino-American relationship to trace the decline of American legal cosmopolitanism from the Revolutionary era until today.
Author: Pedro J. Martinez-Fraga
Publisher: Cambridge University Press
ISBN: 1108850790
Category : Law
Languages : en
Pages : 479
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Book Description
As in its first edition, this book traces the contours of select US common law doctrinal developments concerning international commercial arbitration. This new edition supplements the foundational work contained in the first edition in order to produce a broader and deeper work. The author explores how the US common law may help bridge cross-cultural legal differences by focusing on the need to address these contrasting approaches through the nomenclature and goal of securing equality between party-autonomy and arbitrator discretion in international commercial arbitration. This book thus focuses on the common law development of arbitrator immunity, as well as the precepts of party-initiative and –autonomy forming part of the US common law discovery rubric that may contribute to promoting expediency, efficiency and transparency in international commercial arbitration proceedings. It does so by carefully analyzing, among other things, the International Bar Association (IBA) Rules on Evidence Gathering, the Prague Rules, and the role of 28 USC. §1782 in international arbitration.
