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Author: William M. Wiecek
Publisher: Oxford University Press, USA
ISBN: 9780195147131
Category : History
Languages : en
Pages : 300
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Book Description
This volume examines legal ideology in the US from the height of the Gilded Age through the time of the New Deal, when the Supreme Court began to discard orthodox thought in favour of more modernist approaches to law. Wiecek places this era of legal thought in its historical context, integrating social, economic, and intellectual analyses.
Author: William M. Wiecek
Publisher: Oxford University Press, USA
ISBN: 9780195147131
Category : History
Languages : en
Pages : 300
Get Book Here
Book Description
This volume examines legal ideology in the US from the height of the Gilded Age through the time of the New Deal, when the Supreme Court began to discard orthodox thought in favour of more modernist approaches to law. Wiecek places this era of legal thought in its historical context, integrating social, economic, and intellectual analyses.
Author: William Michael Wiecek
Publisher:
ISBN:
Category : Jurisprudence
Languages : en
Pages : 0
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Book Description
Author: Nikitas E. Hatzimihail
Publisher: Cambridge University Press
ISBN: 1009038605
Category : Law
Languages : en
Pages : 643
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Book Description
To better appreciate present-day private international law and its future prospects and challenges, we should consider the history and historiography of the field. This book offers an original approach to the study of conflict of laws and legal history that exposes doctrinal lawyers to historical context, and legal historians to the intricacies of legal doctrine. The analysis is based on an in-depth examination of Medieval and Early Modern conflict of laws, focusing on the classic texts of Bartolus and Huber. Combining theoretical insights, textual analysis and historical perspectives, the author presents the preclassical conflict of laws as a rich world of doctrines and policies, theory and practice, context and continuity. This book challenges preconceptions and serves as an advanced introduction which illustrates the relevance of history in commanding private international law, while aspiring to make private international law relevant for history.
Author: Sally E. Hadden
Publisher: John Wiley & Sons
ISBN: 1118533763
Category : Law
Languages : en
Pages : 598
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Book Description
A Companion to American Legal History presents a compilation of the most recent writings from leading scholars on American legal history from the colonial era through the late twentieth century. Presents up-to-date research describing the key debates in American legal history Reflects the current state of American legal history research and points readers in the direction of future research Represents an ideal companion for graduate and law students seeking an introduction to the field, the key questions, and future research ideas
Author: Thomas J. Brown
Publisher: Oxford University Press
ISBN: 0199723974
Category : History
Languages : en
Pages : 257
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Book Description
The pivotal era of Reconstruction has inspired an outstanding historical literature. In the half-century after W.E.B. DuBois published Black Reconstruction in America (1935), a host of thoughtful and energetic authors helped to dismantle racist stereotypes about the aftermath of emancipation and Union victory in the Civil War. The resolution of long-running interpretive debates shifted the issues at stake in Reconstruction scholarship, but the topic has remained a vital venue for original exploration of the American past. In Reconstructions: New Perspectives on the Postbellum United States, eight rising historians survey the latest generation of work and point to promising directions for future research. They show that the field is opening out to address a wider range of adjustments to the experiences and effects of Civil War. Increased interest in cultural history now enriches understandings traditionally centered on social and political history. Attention to gender has joined a focus on labor as a powerful strategy for analyzing negotiations over private and public authority. The contributors suggest that Reconstruction historiography might further thrive by strengthening connections to such subjects as western history, legal history, and diplomatic history, and by redefining the chronological boundaries of the postwar period. The essays provide more than a variety of attractive vantage points for fresh examination of a major phase of American history. By identifying the most exciting recent approaches to a theme previously studied so ably, the collection illuminates the creative process in scholarly historical literature.
Author: Mark V. Tushnet
Publisher: Cambridge University Press
ISBN: 1009032712
Category : History
Languages : en
Pages : 1273
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Book Description
The Hughes Court: From Progressivism to Pluralism, 1930 to 1941 describes the closing of one era in constitutional jurisprudence and the opening of another. This comprehensive study of the Supreme Court from 1930 to 1941 – when Charles Evans Hughes was Chief Justice – shows how nearly all justices, even the most conservative, accepted the broad premises of a Progressive theory of government and the Constitution. The Progressive view gradually increased its hold throughout the decade, but at its end, interest group pluralism began to influence the law. By 1941, constitutional and public law was discernibly different from what it had been in 1930, but there was no sharp or instantaneous Constitutional Revolution in 1937 despite claims to the contrary. This study supports its conclusions by examining the Court's work in constitutional law, administrative law, the law of justiciability, civil rights and civil liberties, and statutory interpretation.
Author: Mark V. Tushnet
Publisher:
ISBN: 1316515931
Category : History
Languages : en
Pages : 1273
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Book Description
"This book describes the closing of one era in constitutional jurisprudence and the opening of another. This study of the Supreme Court from 1930 to 1941 - when Charles Evans Hughes was Chief Justice - shows how nearly all justices, even the most conservative, accepted the broad premises of a progressive theory of government and the Constitution. The progressive view gradually increased its hold throughout the decade, but at its end, interest group pluralism began to influence the law. By 1941, constitutional and public law was discernibly different from what it had been in 1930, but there was no sharp or instantaneous Constitutional Revolution in 1937 despite claims to the contrary. This study supports its conclusions by examining the Court's work in constitutional law, administrative law, the law of justiciability, civil rights and civil liberties, and statutory interpretation"--
Author: Deplano, Rossana
Publisher: Edward Elgar Publishing
ISBN: 1788972368
Category : Law
Languages : en
Pages : 535
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Book Description
This timely Handbook contains a wide-ranging overview of the diverse research methods used within international law. Providing an insightful examination of how international legal knowledge is analysed and adopted, this Handbook offers the reader a deeper understanding on the role and place of research methods in international legal theory, reasoning and practice.
Author: Markus D. Dubber
Publisher: Oxford University Press
ISBN: 0192513141
Category : Law
Languages : en
Pages : 1201
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Book Description
Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.
Author: William M. Wiecek
Publisher: Cambridge University Press
ISBN: 9780521848206
Category : History
Languages : en
Pages : 762
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Book Description
The Birth of the Modern Constitution recounts the history of the United States Supreme Court in the momentous yet usually overlooked years between the constitutional revolution in the 1930s and Warren-Court judicial activism in the 1950s. 1941-1953 marked the emergence of legal liberalism, in the divergent activist efforts of Hugo Black, William O. Douglas, Frank Murphy, and Wiley Rutledge. The Stone/Vinson Courts consolidated the revolutionary accomplishments of the New Deal and affirmed the repudiation of classical legal thought, but proved unable to provide a substitute for that powerful legitimating explanatory paradigm of law. Hence the period bracketed by the dramatic moments of 1937 and 1954, written off as a forgotten time of failure and futility, was in reality the first phase of modern struggles to define the constitutional order that will dominate the twenty-first century.
