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American Legal Thought From Premodernism To Postmodernism

Author: Stephen M. Feldman
Publisher: Oxford University Press
ISBN: 9780198026969
Size: 19.69 MB
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The intellectual development of American legal thought has progressed remarkably quickly form the nation's founding through today. Stephen Feldman traces this development through the lens of broader intellectual movements and in this work applies the concepts of premodernism, modernism, and postmodernism to legal thought, using examples or significant cases from Supreme Court history. Comprehensive and accessible, this single volume provides an overview of the evolution of American legal thought up to the present.

The European Codification Process

Author: Ugo Mattei
Publisher: Kluwer Law International
ISBN: 9041122303
Size: 36.63 MB
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This volume contains thoughts on the issue of Codification of European Private Law and on the present state of European Private Law by one of the protagonists of the debate that is unfolding in Europe. Taking a sometimes sharply critical view, Professor Mattei attempts to unveil what he considers biases, strategies, and ideologies that affect the European legal process. The work attempts to open a basic and genuine political debate between legal scholars, which he considers an unavoidable prerequisite of any major reform process in private law. Challenging the claim of technocratic neutrality shared by much of the most influential European legal academy, the author uses the tools of Comparative Law and Economics to set priorities on the table and to show some of the real stakes of the present process. The work explores fundamental areas of European private law, from the sources' to contracts' to trust law.

Under Cover Of Science

Author: James R. Hackney Jr.
Publisher: Duke University Press
ISBN: 0822389711
Size: 21.44 MB
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For more than two decades, the law and economics movement has been one of the most influential and controversial schools of thought in American jurisprudence. In this authoritative intellectual history, James R. Hackney Jr. situates the modern law and economics movement within the trajectory of American jurisprudence from the early days of the Republic to the present. Hackney is particularly interested in the claims of objectivity or empiricism asserted by proponents of law and economics. He argues that the incorporation of economic analysis into legal decision making is not an inherently objective enterprise. Rather, law and economics often cloaks ideological determinations—particularly regarding the distribution of wealth—under the cover of science. Hackney demonstrates how legal-economic thought has been affected by the prevailing philosophical ideas about objectivity, which have in turn evolved in response to groundbreaking scientific discoveries. Thus Hackney’s narrative is a history not only of law and economics but also of select strands of philosophy and science. He traces forward from the seventeenth-century the interaction of legal thinking and economic analysis with ideas about the attainability of certitude. The principal legal-economic theories Hackney examines are those that emerged from classical legal thought, legal realism, law and neoclassical economics, and critical legal studies. He links these theories respectively to formalism, pragmatism, the analytic turn, and neopragmatism/postmodernism, and he explains how each of these schools of philosophical thought was influenced by specific scientific discoveries: Newtonian physics, Darwin’s theory of evolution, Einstein’s theories of relativity, and quantum mechanics. Under Cover of Science challenges claims that the contemporary law and economics movement is an objective endeavor by historicizing ideas about certitude and empiricism and their relation to legal-economic thought.

Fathers Of Conscience

Author: Bernie D. Jones
Publisher: University of Georgia Press
ISBN: 9780820342306
Size: 14.99 MB
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Fathers of Conscience examines high-court decisions in the antebellum South that involved wills in which white male planters bequeathed property, freedom, or both to women of color and their mixed-race children. These men, whose wills were contested by their white relatives, had used trusts and estates law to give their slave partners and children official recognition and thus circumvent the law of slavery. The will contests that followed determined whether that elevated status would be approved or denied by courts of law. Bernie D. Jones argues that these will contests indicated a struggle within the elite over race, gender, and class issues--over questions of social mores and who was truly family. Judges thus acted as umpires after a man's death, deciding whether to permit his attempts to provide for his slave partner and family. Her analysis of these differing judicial opinions on inheritance rights for slave partners makes an important contribution to the literature on the law of slavery in the United States.

The Revolutionary Constitution

Author: David J. Bodenhamer
Publisher: Oxford University Press
ISBN: 019991303X
Size: 27.99 MB
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The framers of the Constitution chose their words carefully when they wrote of a more perfect union--not absolutely perfect, but with room for improvement. Indeed, we no longer operate under the same Constitution as that ratified in 1788, or even the one completed by the Bill of Rights in 1791--because we are no longer the same nation. In The Revolutionary Constitution, David J. Bodenhamer provides a comprehensive new look at America's basic law, integrating the latest legal scholarship with historical context to highlight how it has evolved over time. The Constitution, he notes, was the product of the first modern revolution, and revolutions are, by definition, moments when the past shifts toward an unfamiliar future, one radically different from what was foreseen only a brief time earlier. In seeking to balance power and liberty, the framers established a structure that would allow future generations to continually readjust the scale. Bodenhamer explores this dynamic through seven major constitutional themes: federalism, balance of powers, property, representation, equality, rights, and security. With each, he takes a historical approach, following their changes over time. For example, the framers wrote multiple protections for property rights into the Constitution in response to actions by state governments after the Revolution. But twentieth-century courts--and Congress--redefined property rights through measures such as zoning and the designation of historical landmarks (diminishing their commercial value) in response to the needs of a modern economy. The framers anticipated just such a future reworking of their own compromises between liberty and power. With up-to-the-minute legal expertise and a broad grasp of the social and political context, this book is a tour de force of Constitutional history and analysis.

Law And Religion

Author: Stephen M. Feldman
Publisher: NYU Press
ISBN: 9780814726785
Size: 50.58 MB
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Following landmark trade agreements between Japan and the United States in the 1850s, Tokyo began importing a unique American commodity: Western social activism. As Japan sought to secure its future as a commercial power and American women pursued avenues of political expression, Protestant church-women and, later, members of the Women's Christian Temperance Union (WCTU) traveled to the Asian coast to promote Christian teachings and women's social activism. Rumi Yasutake reveals in Transnational Women's Activism that the resulting American, Japanese, and first generation Japanese-American women's movements came to affect more than alcohol or even religion. While the WCTU employed the language of evangelism and Victorian family values, its members were tactfully expedient in accommodating their traditional causes to suffrage and other feminist goals, in addition to the various political currents flowing through Japan and the United States at the turn of the nineteenth century. Exploring such issues as gender struggles in the American Protestant church and bourgeois Japanese women's attitudes towards the "pleasure class" of geishas and prostitutes, Yasutake illuminates the motivations and experiences of American missionaries, U.S. WCTU workers, and their Japanese protégés. The diverse machinations of WCTU activism offer a compelling lesson in the complexities of cultural imperialism.

All Judges Are Political Except When They Are Not

Author: Keith J. Bybee
Publisher: Stanford University Press
ISBN: 0804753121
Size: 71.55 MB
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Comparing law to the American practice of common courtesy, this book explains how our courts not only survive under conditions of suspected hypocrisy, but actually depend on these conditions to function.

The Oxford Companion To American Law

Author: Kermit L. Hall
Publisher: Oxford University Press
ISBN: 0195088786
Size: 44.37 MB
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The comprehensive reference guide to American law features entries written by more than three hundred experts on everything from the Salem witchcraft trials to wiretapping.