Tort Law in America

Author: G. Edward White
Publisher: Oxford University Press
ISBN: 9780198020271
Format: PDF, ePub, Docs
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Widely regarded as a standard in the field, G. Edward White's Tort Law in America is a concise and accessible history of the way legal scholars and judges have conceptualized the subject of torts, the reasons that changes in certain rules and doctrines have occurred, and the people who brought about these changes. Now in an expanded edition, Tort Law in America features a new preface that places the book within the current scholarship and two new chapters covering developments in American tort law over the past fifteen years. White approaches his subject from four perspectives: intellectual history, the sociology of knowledge, the phenomenon of professionalization in the late nineteenth and early twentieth centuries in America, and the recurrent concerns of tort law since its emergence as a discrete field. He puts the intellectual history of this unique branch of law into the general picture of philosophy, sociology, and literature in what is not only a major work of legal scholarship but also a tour de force for anyone interested in American intellectual history.

American Legal History A Very Short Introduction

Author: G. Edward White
Publisher: Oxford University Press
ISBN: 0199766002
Format: PDF, Mobi
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A concise examination of the central role of legal decisions in shaping key social issues explores topics ranging from Native American affairs and slavery to business and home life as well as how criminal and civil offenses have been addressed in positive and negative ways. Original.

A Revisionist History of Tort Law

Author: Alan Calnan
Publisher:
ISBN: 9780890894736
Format: PDF
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A Revisionist History of Tort Law explodes the myths of modern tort historiography. It challenges both the methodology and the conclusions of Oliver Wendell Holmes, Jr., America's first and most influential tort historian. It contends that Holmes' jurisprudence corrupted his view of history, and that his historiography corrupted the outlook of his successors. Yet Revisionist History offers much more than simple deconstruction. It identifies the principles for historical analysis and uses those principles to propose a revolutionary new history of tort law.As a social science, history requires deep, comprehensive and unbiased investigation. Thus, Revisionist History does not trace the development of any specific tort doctrine. Rather, it uncovers the political, philosophical, social, and moral influences which gave the law its life. Moreover, this book does not simply reinterpret the law's primary sources. Instead, it marshals a vast array of secondary authorities which place those sources in context. Finally, Revisionist History does not set its focus on a single, isolated epoch. Rather, it traces the law's entire intellectual history — from its earliest beginnings to its emergence in the modern era.Enriched by its broadened scope, A Revisionist History of Tort Law provides revelations about the law's past and opens insights into its present and future. It disproves the notion that early tort law was primitive and thoughtless, locating its origins in the intellectual revival of the twelfth century renaissance. It debunks the view that tort law fluctuated with changing notions of public policy, arguing, conversely, that the law's structure and content remained consistently grounded in classical principles of liberalism, naturalism, and rationalism. Finally, it refutes the theory that tort law switched from strict liability to liability based on fault, revealing instead a system remarkably steadfast in its commitment to the timeless dictates of reasonableness.

Reader s Guide to American History

Author: Peter J. Parish
Publisher: Taylor & Francis
ISBN: 9781884964220
Format: PDF, Mobi
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There are so many books on so many aspects of the history of the United States, offering such a wide variety of interpretations, that students, teachers, scholars, and librarians often need help and advice on how to find what they want. The Reader's Guide to American History is designed to meet that need by adopting a new and constructive approach to the appreciation of this rich historiography. Each of the 600 entries on topics in political, social and economic history describes and evaluates some 6 to 12 books on the topic, providing guidance to the reader on everything from broad surveys and interpretive works to specialized monographs. The entries are devoted to events and individuals, as well as broader themes, and are written by a team of well over 200 contributors, all scholars of American history.

The Worlds of American Intellectual History

Author: Joel Isaac
Publisher: Oxford University Press
ISBN: 0190459492
Format: PDF, Mobi
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The essays in this book demonstrate the breadth and vitality of American intellectual history. Their core theme is the diversity of both American intellectual life and of the frameworks that we must use to make sense of that diversity. The Worlds of American Intellectual History has at its heart studies of American thinkers. Yet it follows these thinkers and their ideas as they have crossed national, institutional, and intellectual boundaries. The volume explores ways in which American ideas have circulated in different cultures. It also examines the multiple sites--from social movements, museums, and courtrooms to popular and scholarly books and periodicals--in which people have articulated and deployed ideas within and beyond the borders of the United States. At these cultural frontiers, the authors demonstrate, multiple interactions have occurred - some friendly and mutually enriching, others laden with tension, misunderstandings, and conflict. The same holds for other kinds of borders, such as those within and between scholarly disciplines, or between American history and the histories of other cultures. The richness of contemporary American intellectual history springs from the variety of worlds with which it must engage. Intellectual historians have always relished being able to move back and forth between close readings of particular texts and efforts to make sense of broader cultural dispositions. That range is on display in this volume, which includes essays by scholars as fully at home in the disciplines of philosophy, literature, economics, sociology, political science, education, science, religion, and law as they are in history. It includes essays by prominent historians of European thought, attuned to the transatlantic conversations in which Europeans and Americans have been engaged since the seventeenth century, and American historians whose work has carried them not only to different regions in North America but across the North Atlantic to Europe, across the South Atlantic to Africa, and across the Pacific to South Asia.

The Challenge of American History

Author: Louis P. Masur
Publisher: JHU Press
ISBN: 9780801862229
Format: PDF, Kindle
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In The Challenge of American History, Louis Masur brings together a sampling of recent scholarship to determine the key issues preoccupying historians of American history and to contemplate the discipline's direction for the future. The fifteen summary essays included in this volume allow professional historians, history teachers, and students to grasp in a convenient and accessible form what historians have been writing about.

Under Cover of Science

Author: James R. Hackney
Publisher: Duke University Press
ISBN: 9780822339984
Format: PDF, Kindle
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DIVA critique of the Law & Economics movement, this book draws connections between conceptions of science and efforts at legitimating American legal theory as an objective enterprise./div

Essays in the History of Canadian Law

Author: George Blaine Baker
Publisher: University of Toronto Press
ISBN: 1442670061
Format: PDF
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The essays in this volume deal with the legal history of the Province of Quebec, Upper and Lower Canada, and the Province of Canada between the British conquest of 1759 and confederation of the British North America colonies in 1867. The backbone of the modern Canadian provinces of Ontario and Quebec, this geographic area was unified politically for more than half of the period under consideration. As such, four of the papers are set in the geographic cradle of modern Quebec, four treat nineteenth-century Ontario, and the remaining four deal with the St. Lawrence and Great Lakes watershed as a whole. The authors come from disciplines as diverse as history, socio-legal studies, women’s studies, and law. The majority make substantial use of second-language sources in their essays, which shade into intellectual history, social and family history, regulatory history, and political history.

Tort Law

Author: Keith N. Hylton
Publisher: Cambridge University Press
ISBN: 1316598497
Format: PDF, Mobi
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Tort Law: A Modern Perspective is an advanced yet accessible introduction to tort law for lawyers, law students, and others. Reflecting the way tort law is taught today, it explains the cases and legal doctrines commonly found in casebooks using modern ideas about public policy, economics, and philosophy. With an emphasis on policy rationales, Tort Law encourages readers to think critically about the justifications for legal doctrines. Although the topic of torts is specific, the conceptual approach should pay dividends to those who are interested broadly in regulatory policy and the role of law. Incorporating three decades of advancements in tort scholarship, Tort Law is the textbook for modern torts classrooms.