Law and the Conditions of Freedom in the Nineteenth century United States

Author: James Willard Hurst
Publisher: Univ of Wisconsin Press
ISBN: 9780299013639
Format: PDF
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In these essays J. Willard Hurst shows the correlation between the conception of individual freedom and the application of law in the nineteenth-century United States—how individuals sought to use law to increase both their personal freedom and their opportunities for personal growth. These essays in jurisprudence and legal history are also a contribution to the study of social and intellectual history in the United States, to political science, and to economics as it concerns the role of public policy in our economy. The nonlawyer will find in them demonstration of how "technicalities" express deep issues of social values.

A Companion to 19th Century America

Author: William Barney
Publisher: John Wiley & Sons
ISBN: 0470998466
Format: PDF, Kindle
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A Companion to 19th-Century America is an authoritative overview of current historiographical developments and major themes in the history of nineteenth-century America. Twenty-seven scholars, all specialists in their own thematic areas, examine the key debates and historiography. A thematic and chronological organization brings together the major time periods, politics, the Civil War, economy, and social and cultural history of the nineteenth century. Written with the general reader in mind, each essay surveys the historical research, the emerging concerns, and assesses the future direction of scholarship. Complete coverage of all the major themes and current debates in nineteenth-century US history assessing the state of the scholarship and future concerns. 24 original essays by leading experts in nineteenth-century American history complete with up-to-date bibliographies. Chronological and thematic organization covers both traditional and contemporary fields of research - politics, periods, economy, class formation, ethnicity, gender roles, regions, culture and ideas.

Law and Markets in United States History

Author: James Willard Hurst
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584771364
Format: PDF, Docs
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Hurst, James Willard. Law and Markets in United States History: Different Modes of Bargaining among Interests. [Madison]: The University of Wisconsin Press, [1982]. vii, 207 pp. Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 00-067116. ISBN 1-58477-136-4. Cloth. $80. * The eminent legal scholar's sociological analysis of the relation between law and private business (using the lumber business as an example) in relation to society at large. He argues that law and business support the same goals of efficiency and humanity, and examines their interrelationship toward that end in terms of ethical issues related to public policy, money supply, the impact of incremental change, inflation and deflation, monopoly and competition, and other economic factors. Based on Hurst's lectures at The University of Wisconsin in April, 1981.

The Foundations of Anglo American Corporate Fiduciary Law

Author: David Kershaw
Publisher: Cambridge University Press
ISBN: 1108651135
Format: PDF, Mobi
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This book explores the foundations and evolution of modern corporate fiduciary law in the United States and the United Kingdom. Today US and UK fiduciary law provide very different approaches to the regulation of directorial behaviour. However, as the book shows, the law in both jurisdictions borrowed from the same sources in eighteenth- and nineteenth-century English fiduciary and commercial law. The book identifies the shared legal foundations and authorities and explores the drivers of corporate fiduciary law's contemporary divergence. In so doing it challenges the prevailing accounts of corporate legal change and stability in the US and the UK.

The Routledge Research Companion to Law and Humanities in Nineteenth Century America

Author: Nan Goodman
Publisher: Taylor & Francis
ISBN: 1317042972
Format: PDF, ePub, Mobi
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Nineteenth-century America witnessed some of the most important and fruitful areas of intersection between the law and humanities, as people began to realize that the law, formerly confined to courts and lawyers, might also find expression in a variety of ostensibly non-legal areas such as painting, poetry, fiction, and sculpture. Bringing together leading researchers from law schools and humanities departments, this Companion touches on regulatory, statutory, and common law in nineteenth-century America and encompasses judges, lawyers, legislators, litigants, and the institutions they inhabited (courts, firms, prisons). It will serve as a reference for specific information on a variety of law- and humanities-related topics as well as a guide to understanding how the two disciplines developed in tandem in the long nineteenth century.

Moral Minorities and the Making of American Democracy

Author: Kyle G. Volk
Publisher: Oxford University Press, USA
ISBN: 0199371911
Format: PDF, Docs
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This work unearths the origins of popular minority-rights politics in American history. Focusing on controversies spurred by grassroots moral reform in the early 19th century, it shows how a motley array of self-understood minorities reshaped American democracy as they battled laws regulating Sabbath observance, alcohol, and interracial contact.

The Myth of the Imperial Judiciary

Author: Mark Kozlowski
Publisher: NYU Press
ISBN: 0814749291
Format: PDF, Kindle
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Few institutions have become as ferociously fought over in democratic politics as the courts. While political criticism of judges in this country goes back to its inception, today’s intensely ideological assault is nearly unprecedented. Spend any amount of time among the writings of contemporary right-wing critics of judicial power, and you are virtually assured of seeing repeated complaints about the “imperial judiciary.” American conservatives contend not only that judicial power has expanded dangerously in recent decades, but that liberal judges now willfully write their policy preferences into law. They raise alarms that American courts possess a degree of power incompatible with the functioning of a democratic polity. The Myth of the Imperial Judiciary explores the anti-judicial ideological trend of the American right, refuting these claims and taking a realistic look at the role of courts in our democracy to show that conservatives have a highly unrealistic conception of their power. Kozlowski first assesses the validity of the conservative view of the Founders’ intent, arguing that courts have played an assertive role in our politics since their establishment. He then considers contemporary judicial powers to show that conservatives have greatly overstated the extent to which the expansion of rights which has occurred has worked solely to the benefit of liberals. Kozlowski reveals the ways in which the claims of those on the right are often either unsupported or simply wrong. He concludes that American courts, far from imperiling our democracy or our moral fabric, stand as a bulwark against the abuse of legislative power, acting forcefully, as they have always done, to give meaning to constitutional promises.

Rechtssoziologie

Author: Niklas Luhmann
Publisher: Springer-Verlag
ISBN: 9783531158723
Format: PDF, Mobi
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Alles menschliche Zusammenleben wird direkt oder indirekt durch Recht geprägt. Ähnlich wie Wissen ist Recht ein nicht wegzudenkender, alles durchdringender gesellschaftlicher Tatbestand. Kein Lebensbereich - weder die Familie noch die Religionsgemeinschaft, weder die wissenschaftliche Forschung noch die innerparteiliche Pflege politischer Einflusslinien - findet ohne Recht zu einer dauerhaften sozialen Ordnung.

Heart Versus Head

Author: Peter Karsten
Publisher: Univ of North Carolina Press
ISBN: 9780807823408
Format: PDF, ePub, Mobi
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Challenging traditional accounts of the development of American private law, Peter Karsten offers an important new perspective on the making of the rules of common law and equity in nineteenth-century courts. The central story of that era, he finds, was a

Law in the Western United States

Author: Gordon Morris Bakken
Publisher: University of Oklahoma Press
ISBN: 9780806132150
Format: PDF, Docs
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In this volume, Gordon Morris Bakken traces the distinctive development of western legal history. The contributors' essays provide succinct descriptions of major cases, legislation, and individual western states' constitutional provisions that are unique in the American legal system. To assist the reader, the volume is organized by subject, including natural resources, municipal authority, business regulation, American Indian sovereignty and water rights, women, and Mormons. Contributors are: Roy H. Andes, Dana Blakemore, Richard Griswold del Castillo, Susan Badger Doyle, James W. Ely, Jr., Brenda Gail Farrington, Dale D. Goble, Neil Greenwood, Vanessa Gunther, Louise A Halper, Claudia Hess, Kenneth Hough, Paul Kens, Shenandoah Grant Lynd, Thomas C. Mackey, Nicholas George Malavis, Timothy Miller, Danelle Moon, Andrew P. Morriss, Keith Pacholl, Laurie Caroline Pintar, Michael A. Powell, Ion Puschilla, Emily Rader, Peter L. Reich, John Phillip Reid, Lucy E. Salyer, Susan Sanchez, Janet Schmelzer, Howard Shorr, Paul Reed Spitzzeri, John Joseph Stanley, Donald L. Stelluto, Jr., Timothy A. Strand, Imre Sutton, Nancy J. Taniguchi, and Lonnie Wilson.