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The Common Law

Author: Oliver Wendell Holmes
Publisher: Harvard University Press
ISBN: 0674054016
Size: 21.17 MB
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Much more than an historical examination of liability, criminal law, torts, bail, possession and ownership, and contracts, The Common Law articulates the ideas and judicial theory of one of the greatest justices of the Supreme Court. The John Harvard Library presents a text that is, with occasional corrections of typographical errors, identical to that found in the first and all subsequent printings by Little, Brown.

The Common Law

Author: Oliver Wendell (Jurist) Holmes
Publisher: Cambridge, Mass. : The Belknap Press of Harvard University Press
ISBN:
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The Accidental Republic

Author: John Fabian Witt
Publisher: Harvard University Press
ISBN: 9780674045279
Size: 24.82 MB
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In the five decades after the Civil War, the United States witnessed a profusion of legal institutions designed to cope with the nation's exceptionally acute industrial accident crisis. Jurists elaborated the common law of torts. Workingmen's organizations founded a widespread system of cooperative insurance. Leading employers instituted welfare-capitalist accident relief funds. And social reformers advocated compulsory insurance such as workmen's compensation. John Fabian Witt argues that experiments in accident law at the turn of the twentieth century arose out of competing views of the loose network of ideas and institutions that historians call the ideology of free labor. These experiments a century ago shaped twentieth- and twenty-first-century American accident law; they laid the foundations of the American administrative state; and they occasioned a still hotly contested legal transformation from the principles of free labor to the categories of insurance and risk. In this eclectic moment at the beginnings of the modern state, Witt describes American accident law as a contingent set of institutions that might plausibly have developed along a number of historical paths. In turn, he suggests, the making of American accident law is the story of the equally contingent remaking of our accidental republic. Table of Contents: Introduction 1. Crippled Workingmen, Destitute Widows, and the Crisis of Free Labor 2. The Dilemmas of Classical Tort Law 3. The Cooperative Insurance Movement 4. From Markets to Managers 5. Widows, Actuaries, and the Logics of Social Insurance 6. The Passion of William Werner 7. The Accidental Republic Conclusion Notes Acknowledgments Index John Witt paints his portrait of industrializing America with the subtlety of a master and on an immense canvas. His magisterial history is much more than an account of the rise of workers compensation, still one of our greatest social reforms. Witt vividly recreates the social context of the late 19th century industrial world - workers' appalling injury and death rates, their mutual help and insurance associations, mass immigration, the rise of Taylorist management, the struggles to give new meaning to the free labor ideal, the encounter between European social engineering and American anti-statism and individualism, and the politics and economics of labor relations in the Progressive era. Out of these materials, Witt shows, the law helped fashion a new social order. His analysis has great contemporary significance, revealing both the alluring possibilities and the enduring limits of legal reform in America. It is destined to become a classic of social and legal history. --Peter H. Schuck, author of Diversity in America: Keeping Government at a Safe Distance John Witt shows us the power of perceptive legal history at work. Within the tangle of compensation for industrial accidents, he discovers not only a legal struggle whose outcome set the pattern for many 20th century interventions of government in economic life, but also a momentous confrontation between contract and collective responsibility. Anyone who finds American history absorbing will gain pleasure and insight from this book. --Viviana Zelizer, Princeton University, author of The Social Meaning of Money: Pin Money, Paychecks, Poor Relief, and Other Currencies In 1940 Willard Hurst and Lloyd Garrison inaugurated modern socio-legal studies in the United States with their history of workers' injuries and legal process in Wisconsin. Two generations later, John Fabian Witt's The Accidental Republic marks the full maturation of that field of inquiry. Deftly integrating a legal analysis of tort doctrine, a history of industrial accidents, and a fresh political-economic understanding of statecraft, Witt demonstrates the significance of turn-of-the-century struggles over work, injury, risk, reparation, and regulation in the making of our modern world. Sophisticated, comprehensive, and interdisciplinary, The Accidental Republic is legal history as Hurst and Garrison imagined it could be. --William Novak, The University of Chicago, author of The People's Welfare: Law and Regulation in Nineteenth-Century America

Prosecuting Crime In The Renaissance

Author: John H. Langbein
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584775777
Size: 52.75 MB
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Our present system of criminal prosecution originated in England in the sixteenth century. Langbein traces its development, which was at its most intense during the reign of Queen Mary. He shows how the common law developed a system of official investigation and prosecution that incorporated the medieval institution of the jury trial. He places equal emphasis on the role of the justices of the peace as public prosecutors. The second half of the book compares the English system with those of the Holy Roman Empire (Germany) and France. He concludes by refuting the popular opinion that the English were strongly indebted to continental models. "This is an excellent work of scholarship, exhibiting wide research, erudition and analytical ability." --Joseph H. Smith, Harvard Law Review 88 (1974-1975) 485 JOHN LANGBEIN is Sterling Professor of Law and Legal History at Yale Law School. He has held academic positions at Stanford University, Oxford University, the Max-Planck-Institut fur Europaische Rechtsgeschichte and the Max-Planck-Institut fur Auslandisches und Internationales Strafrecht. Langbein is a member of the American Academy of Arts and Sciences, the International Academy of Comparative Law, the International Association of Procedure Law, and other organizations in the fields of legal history and comparative law. Some of his most distinguished publications and articles include History of the Common Law: The Development of Anglo-American Legal Institutions (2009), Torture and the Law of Proof: Europe and England in the Ancient Regime (1977), and "The Supreme Court Flunks Trusts," Supreme Court Review (1991)."

Law In American History

Author: G. Edward White
Publisher: Oxford University Press
ISBN: 0195102479
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G. Edward White, a leading legal historian, presents Law in American History, a two-volume, comprehensive narrative history of American law from the colonial period to the present. In this first volume, White explores the key turning points in roughly the first half of the American legal system, from the development of order in the colonies, to the signing of the Constitution, to the dissolution of the Union just before the Civil War. Thought-provoking and artfully written, Law in American History, Vol. 1 is an essential text for both students of law and general readers alike.

Letters Of Louis D Brandeis Volume Iii 1913 1915

Author: Louis D. Brandeis
Publisher: SUNY Press
ISBN: 1438422598
Size: 40.60 MB
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With the election of Woodrow Wilson in 1912, Louis D. Brandeis emerged as the undisputed intellectual leader of those reformers who were trying to recreate a democratic society free from the economic and political depradations of monopolistic enterprise. But now these reformers had a champion in the White House, and direct access to him through one of his most trusted advisers. In this volume we see what was probably the high point of progressive reform--the first three years of the Wilson Administration. During these years Brandeis was considered for a Cabinet position, consulted frequently on matters of patronage, and called in at key junctures to determine policy. But he still kept up his many obligations to different reform groups: arguing cases before the Supreme Court, acting as public counsel in rate hearings, writing Other People's Money, one of the key exposes of the era, as well as advising his good friend Robert M. LaFollette and other reform leaders. Yet at the height of his career as a reformer, Brandeis suddenly took on another heavy obligation, the leadership of the American Zionist movement, and helped marshal Jews in this country to aid their brethren in war-ravaged Europe and Palestine. Carrying over his democratic ideals, he challenged the established American Jewish aristocracy in the Congress movement, in order to broaden the base of Jewish participation in important issues. At the end of 1915, Brandeis was an important figure not only in domestic reform and Jewish affairs, but on the international scene as well. And although no one knew it at the time, he stood at the brink of nomination to the nation's highest court. As in the earlier volumes, these letters indicate the inner workings of American reform, and they also show how American Zionism, under the leadership of Brandeis and his lieutenants, assumed those characteristics that would make it a unique and powerful instrument in world politics.

Justice And Legal Change On The Shores Of Lake Erie

Author: Paul Finkelman
Publisher: Ohio University Press
ISBN: 0821444166
Size: 43.92 MB
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Justice and Legal Change on the Shores of Lake Erie explores the many ways that the United States District Court for the Northern District of Ohio has affected the region, the nation, the development of American law, and American politics. The essays in this book, written by eminent law professors, historians, political scientists, and practicing attorneys, illustrate the range of cases and issues that have come before the court. Since the court’s inception in 1855, judges have influenced economic developments and social issues, beginning with the court’s most famous early case, involving the rescue of the fugitive slave John Price by residents of Northern Ohio. Chapters focusing on labor strikes, free speech, women’s rights, the environment, the death penalty, and immigration illustrate the impact this court and its judges have had in the development of society and the nation’s law. Some of the cases here deal with local issues with huge national implications —like political corruption, school desegregation, or pollution on the Cuyahoga River. But others are about major national issues that grew out of incidents, such as the prosecution of Eugene V. Debs for opposing World War I, the litigation resulting from the Kent State shootings and opposition to the Vietnam War, and the immigration status of the alleged Nazi war criminal John Demyanjuk. This timely history confirms the significant role played by district courts in the history of the United States.

Law And The Limits Of Reason

Author: Adrian Vermeule
Publisher: Oxford University Press
ISBN: 0199914095
Size: 69.58 MB
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Law and the Limits of Reason asks "what are the consequences of recognizing the limits of reason within the legal system?" In particular, what are the consequences for the allocation of lawmaking authority among judges, legislators, and administrative agencies or executive officials? Vermeule examines the conditions under which the limits of reason support a greater or lesser allocation of authority to one institution or another.