The Creation Of American Common Law 1850 1880


The Creation Of American Common Law 1850 1880
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The Creation Of American Common Law 1850 1880


The Creation Of American Common Law 1850 1880
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Author : Howard Schweber
language : en
Publisher:
Release Date : 2004-01-12

The Creation Of American Common Law 1850 1880 written by Howard Schweber and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-01-12 with History categories.


"Common law" is the name for legal principals developed by judges. America developed its own system of the common law in the mid-nineteenth century, abandoning the system inherited from England. This book is a comparative study of the development of American law that contrasts the experiences of North and South by a study of Illinois and Virginia, supported by observations from six states. The book has a new comparative focus highlighting the connections between legal development, American political thought, and American political and economic development.



The Creation Of American Common Law 1850 1880


The Creation Of American Common Law 1850 1880
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Author : Howard Schweber
language : en
Publisher: Cambridge University Press
Release Date : 2004-01-12

The Creation Of American Common Law 1850 1880 written by Howard Schweber and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-01-12 with Political Science categories.


This book is a comparative study of the American legal development in the mid-nineteenth century. Focusing on Illinois and Virginia, supported by observations from six additional states, the book traces the crucial formative moment in the development of an American system of common law in northern and southern courts. The process of legal development, and the form the basic analytical categories of American law came to have, are explained as the products of different responses to the challenge of new industrial technologies, particularly railroads. The nature of those responses was dictated by the ideologies that accompanied the social, political, and economic orders of the two regions. American common law, ultimately, is found to express an emerging model of citizenship, appropriate to modern conditions. As a result, the process of legal development provides an illuminating perspective on the character of American political thought in a formative period of the nation.



Common Law History And Democracy In America 1790 1900


Common Law History And Democracy In America 1790 1900
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Author : Kunal M. Parker
language : en
Publisher: Cambridge University Press
Release Date : 2011-03-14

Common Law History And Democracy In America 1790 1900 written by Kunal M. Parker and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-14 with History categories.


This book argues for a change in our understanding of the relationships among law, politics and history. Since the turn of the nineteenth century, a certain anti-foundational conception of history has served to undermine law's foundations, such that we tend to think of law as nothing other than a species of politics. Thus viewed, the activity of unelected, common law judges appears to be an encroachment on the space of democracy. However, Kunal M. Parker shows that the world of the nineteenth century looked rather different. Democracy was itself constrained by a sense that history possessed a logic, meaning and direction that democracy could not contravene. In such a world, far from law being seen in opposition to democracy, it was possible to argue that law - specifically, the common law - did a better job than democracy of guiding America along history's path.



Constitutional Context


Constitutional Context
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Author : Kathleen S. Sullivan
language : en
Publisher: JHU Press
Release Date : 2007-03-15

Constitutional Context written by Kathleen S. Sullivan and has been published by JHU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-03-15 with History categories.


Publisher Description



What Is Classical Liberal History


What Is Classical Liberal History
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Author : Michael J. Douma
language : en
Publisher: Lexington Books
Release Date : 2017-12-21

What Is Classical Liberal History written by Michael J. Douma and has been published by Lexington Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-21 with History categories.


Historians working in the classical liberal tradition believe that individual decision-making and individual rights matter in the making of history. History written in the classical liberal tradition emerged largely in the nineteenth century, when the field of history was first professionalized in Europe and the Americas. Professional historical research was then imbued with liberal values, which included rigorous attention to the sources, historicist suspicion of an ultimate mover, an honest and dispassionate rational outlook, and humility towards what could be known. Above all, liberals wanted to chart the history of liberty, warn against threats to liberty, and defend it in an evolving political world. They believed history was real, and that it had lessons to teach, but that these lessons could not provide sufficient knowledge to predict the future or reorganize society around a central plan. This book demonstrates how the classical liberal tradition in historical writing persists to this day, but how it is often neglected and due for renewal. The book contrasts the classical liberal view on history with conservative, progressive, Marxist, and post-modern views. Each of the eleven chapters address a different historical topic, from the development of classical liberalism in nineteenth century America to the the history of civil liberties and civil rights that stemmed from this tradition. Authors give particular attention to the importance of social and economic analysis. Each contributor was chosen as an expert in their field to provide a historiographical overview of their subject, and to explain what the classical liberal contribution to this historiography has been and should be. Authors then provide guidance towards possible tools of analysis and related research topics that future historians working in the classical liberal tradition could take up. The authors wish to call upon other historians to recognize the important contributions to historical understanding that have come and can be provided by the insights of classical liberalism.



The Common Law Inside The Female Body


The Common Law Inside The Female Body
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Author : Anita Bernstein
language : en
Publisher: Cambridge University Press
Release Date : 2019

The Common Law Inside The Female Body written by Anita Bernstein and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.


Explains why lawyers seeking gender progress from primary legal materials should start with the common law.



Controlling Administrative Power


Controlling Administrative Power
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Author : Peter Cane
language : en
Publisher: Cambridge University Press
Release Date : 2016-03-31

Controlling Administrative Power written by Peter Cane and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-31 with Law categories.


An historical and comparative explanation of some puzzling differences between the administrative law of England, the USA and Australia.



Sweet Taste Of Liberty


Sweet Taste Of Liberty
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Author : W. Caleb McDaniel
language : en
Publisher: Oxford University Press
Release Date : 2019-08-07

Sweet Taste Of Liberty written by W. Caleb McDaniel and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-07 with History categories.


The unforgettable saga of one enslaved woman's fight for justice--and reparations Born into slavery, Henrietta Wood was taken to Cincinnati and legally freed in 1848. In 1853, a Kentucky deputy sheriff named Zebulon Ward colluded with Wood's employer, abducted her, and sold her back into bondage. She remained enslaved throughout the Civil War, giving birth to a son in Mississippi and never forgetting who had put her in this position. By 1869, Wood had obtained her freedom for a second time and returned to Cincinnati, where she sued Ward for damages in 1870. Astonishingly, after eight years of litigation, Wood won her case: in 1878, a Federal jury awarded her $2,500. The decision stuck on appeal. More important than the amount, though the largest ever awarded by an American court in restitution for slavery, was the fact that any money was awarded at all. By the time the case was decided, Ward had become a wealthy businessman and a pioneer of convict leasing in the South. Wood's son later became a prominent Chicago lawyer, and she went on to live until 1912. McDaniel's book is an epic tale of a black woman who survived slavery twice and who achieved more than merely a moral victory over one of her oppressors. Above all, Sweet Taste of Liberty is a portrait of an extraordinary individual as well as a searing reminder of the lessons of her story, which establish beyond question the connections between slavery and the prison system that rose in its place.



Making Capitalism Safe


Making Capitalism Safe
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Author : Donald Wayne Rogers
language : en
Publisher: University of Illinois Press
Release Date : 2009

Making Capitalism Safe written by Donald Wayne Rogers and has been published by University of Illinois Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Business & Economics categories.


Workplaces in the United States are safer today than they were a hundred and twenty years ago. In this book, Donald W. Rogers attributes this improvement partly to the development in the Progressive Era of surprisingly strong state-level work safety and health regulatory agencies, a patchwork of commissions and labor departments that advanced safety law from common-law negligence to the modern system of administrative regulation. Rogers examines the Wisconsin Industrial Commission and compares it to arrangements in Ohio, California, New York, Illinois, and Alabama. Connecting this history to the creation of the Occupational Safety and Health Administration in 1970, Making Capitalism Safe will revise historical understandings of state regulation, compensation insurance, and labor law politics--issues that remain pressing in our time.



Essays In The History Of Canadian Law


Essays In The History Of Canadian Law
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Author : G. Blaine Baker
language : en
Publisher: University of Toronto Press
Release Date : 1981-01-01

Essays In The History Of Canadian Law written by G. Blaine Baker and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1981-01-01 with History categories.


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.