Americanization of the Common Law

Americanization of the Common Law PDF 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.

Americanization of the Common Law

Americanization of the Common Law PDF 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.

The Fourteenth Amendment

The Fourteenth Amendment PDF 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.

E Pluribus Unum

E Pluribus Unum PDF 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.

Law Out of Context

Law Out of Context PDF 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.

The Americanization of Benjamin Franklin

The Americanization of Benjamin Franklin PDF Author: Gordon S. Wood
Publisher: Penguin
ISBN: 1101200901
Category : Biography & Autobiography
Languages : en
Pages : 321

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Book Description
“I cannot remember ever reading a work of history and biography that is quite so fluent, so perfectly composed and balanced . . .” —The New York Sun “Exceptionally rich perspective on one of the most accomplished, complex, and unpredictable Americans of his own time or any other.” —The Washington Post Book World From the most respected chronicler of the early days of the Republic—and winner of both the Pulitzer and Bancroft prizes—comes a landmark work that rescues Benjamin Franklin from a mythology that has blinded generations of Americans to the man he really was and makes sense of aspects of his life and career that would have otherwise remained mysterious. In place of the genial polymath, self-improver, and quintessential American, Gordon S. Wood reveals a figure much more ambiguous and complex—and much more interesting. Charting the passage of Franklin’s life and reputation from relative popular indifference (his death, while the occasion for mass mourning in France, was widely ignored in America) to posthumous glory, The Americanization of Benjamin Franklin sheds invaluable light on the emergence of our country’s idea of itself.

The Constitution and the Common Law

The Constitution and the Common Law PDF Author: R. Randall Bridwell
Publisher: Free Press
ISBN:
Category : Law
Languages : en
Pages : 232

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Book Description


The Transformation of American Law, 1780-1860

The Transformation of American Law, 1780-1860 PDF 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.

American Law and the American Legal System in a Nutshell

American Law and the American Legal System in a Nutshell PDF 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.

Elements of Legislation

Elements of Legislation PDF Author: Neil Duxbury
Publisher: Cambridge University Press
ISBN: 1107021871
Category : Law
Languages : en
Pages : 267

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Book Description
Neil Duxbury combines analytical legal philosophy and legal history to explore the concept of legislation.

Unequal Laws Unto a Savage Race

Unequal Laws Unto a Savage Race PDF Author: Morris Arnold
Publisher:
ISBN:
Category : History
Languages : en
Pages : 270

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Book Description
"Morris Arnold's description of the French and Spanish periods is just marvelous. It will be a classic for some time to come (or perhaps even forever)." -Hans W. Baade