The Lost World of Classical Legal Thought

Author: William M. Wiecek
Publisher: Oxford University Press, USA
ISBN: 9780195147131
Format: PDF, ePub, Mobi
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This book examines legal ideology in America 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.

The Oxford Handbook of Legal History

Author: Markus D. Dubber
Publisher: Oxford University Press
ISBN: 0192513141
Format: PDF, ePub, Docs
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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.

Proprietary Remedies in Context

Author: Craig Rotherham
Publisher: Hart Publishing
ISBN: 1841131652
Format: PDF, ePub, Mobi
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This volume examines redistributive processes such as tracing, subrogation and proprietary estoppel and the use of the constructive trust in the context of contracts to assign property, and the breakdown of intimate relationships.

The Lovers Quarrel

Author: Elvin T. Lim
Publisher: Oxford University Press
ISBN: 019932395X
Format: PDF, ePub, Docs
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The United States has had not one, but two Foundings. The Constitution produced by the Second Founding came to be only after a vociferous battle between Federalists and Anti-Federalists. The Federalists favored a relatively powerful central government, while the Anti-Federalists distrusted the concentration of power in one place and advocated the preservation of sovereignty in the states as crucibles of post-revolutionary republicanism -- the legacy of the First Founding. This philosophical cleavage has been at the heart of practically every major political conflict in U.S. history, and lives on today in debates between modern liberals and conservatives. In The Lovers' Quarrel, Elvin T. Lim presents a systematic and innovative analysis of this perennial struggle. The framers of the second Constitution, the Federalists, were not operating in an ideational or institutional vacuum; rather, the document they drafted and ratified was designed to remedy the perceived flaws of the Articles of Confederation and Perpetual Union. To decouple the Two Foundings is to appreciate that there is no such thing as "original meaning," only original dissent. Because the Anti-Federalists insisted that prior and democratically sanctioned understandings of federalism and union had to be negotiated and partially grafted onto the new Constitution, the Constitution's Articles and the Bill of Rights do not cohere as well together as has conventionally been thought. Rather, they represent two antithetical orientations toward power, liberty, and republicanism. The altercation over the necessity of the Second Founding generated coherent and self-contained philosophies that would become the core of American political thought, reproduced and transmitted across two centuries, whether the victors were the neo-Federalists (such as during the Civil War and the New Deal) or the neo-Anti-Federalists (such as during the Jacksonian era and the Reagan Revolution). The Second Founding -- the sole "founding" that we generally speak of -- would become a template for the unique, prototypically American species of politics and political debate. Because of it, American political development occurs only after the political entrepreneurs of each generation lock horns in a Lovers' Quarrel about the principles of one of the Two Foundings, and succeed in justifying and forging a durable expansion or contraction of federal authority.

The Metaphysical Club

Author: Louis Menand
Publisher: Farrar, Straus and Giroux
ISBN: 0374706387
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The Metaphysical Club is the winner of the 2002 Pulitzer Prize for History. A riveting, original book about the creation of modern American thought. The Metaphysical Club was an informal group that met in Cambridge, Massachusetts, in 1872, to talk about ideas. Its members included Oliver Well Holmes, Jr., future associate justice of the United States Supreme Court; William James, the father of modern American psychology; and Charles Sanders Peirce, logician, scientist, and the founder of semiotics. The Club was probably in existence for about nine months. No records were kept. The one thing we know that came out of it was an idea -- an idea about ideas. This book is the story of that idea. Holmes, James, and Peirce all believed that ideas are not things "out there" waiting to be discovered but are tools people invent -- like knives and forks and microchips -- to make their way in the world. They thought that ideas are produced not by individuals, but by groups of individuals -- that ideas are social. They do not develop according to some inner logic of their own but are entirely depent -- like germs -- on their human carriers and environment. And they thought that the survival of any idea deps not on its immutability but on its adaptability. The Metaphysical Club is written in the spirit of this idea about ideas. It is not a history of philosophy but an absorbing narrative about personalities and social history, a story about America. It begins with the Civil War and s in 1919 with Justice Holmes's dissenting opinion in the case of U.S. v. Abrams-the basis for the constitutional law of free speech. The first four sections of the book focus on Holmes, James, Peirce, and their intellectual heir, John Dewey. The last section discusses some of the fundamental twentieth-century ideas they are associated with. This is a book about a way of thinking that changed American life.

Stewards of Democracy

Author: Paul D. Carrington
Publisher: Basic Books
ISBN:
Format: PDF, Kindle
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Argues that judges, lawyers, and law schools should emphasize experience and character over reason or arcane learning, to create a more democratic legal profession in tune with the public interest.