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The Magic Mirror

Author: Kermit Hall
Publisher: Oxford University Press, USA
ISBN: 9780195044607
Size: 41.96 MB
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Chronicling American law from its English origins to the present, and offering for the first time comprehensive treatment of twentieth-century developments, this book sets American law and legal institutions in the broad context of social, economic, and political events, weaving together themes from the history of both constitutional and private law. The Magic Mirror treats law in society, and the legal implications of social change in areas such as criminal justice, the rights of women, blacks, the family, and children. It further examines regional differences in American legal culture, the creation of the administrative and security states, the development of American federalism, and the rise of the legal profession. Hall pays close attention to the evolution of substantive law categories--such as contracts, torts, negotiable instruments, real property, trusts and estates, and civil procedure--and addresses the intellectual evolution of American law, surveying movements such as legal realism and critical legal studies. Hall concludes that over its history American law has been remarkably fluid, adapting in form and substance to each successive generation without ever fully resolving the underlying social and economic conflicts that first provoke demands for legal change.

Sex And The Constitution Sex Religion And Law From America S Origins To The Twenty First Century

Author: Geoffrey R. Stone
Publisher: Liveright Publishing
ISBN: 1631493655
Size: 74.77 MB
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There has never been a book like Sex and the Constitution, a one-volume history that chapter after chapter overturns popular shibboleths, while dramatically narrating the epic story of how sex came to be legislated in America. Beginning his volume in the ancient and medieval worlds, Geoffrey R. Stone demonstrates how the Founding Fathers, deeply influenced by their philosophical forebears, saw traditional Christianity as an impediment to the pursuit of happiness and to the quest for human progress. Acutely aware of the need to separate politics from the divisive forces of religion, the Founding Fathers crafted a constitution that expressed the fundamental values of the Enlightenment. Although the Second Great Awakening later came to define America through the lens of evangelical Christianity, nineteenth-century Americans continued to view sex as a matter of private concern, so much so that sexual expression and information about contraception circulated freely, abortions before “quickening” remained legal, and prosecutions for sodomy were almost nonexistent. The late nineteenth and early twentieth centuries reversed such tolerance, however, as charismatic spiritual leaders and barnstorming politicians rejected the values of our nation’s founders. Spurred on by Anthony Comstock, America’s most feared enforcer of morality, new laws were enacted banning pornography, contraception, and abortion, with Comstock proposing that the word “unclean” be branded on the foreheads of homosexuals. Women increasingly lost control of their bodies, and birth control advocates, like Margaret Sanger, were imprisoned for advocating their beliefs. In this new world, abortions were for the first time relegated to dank and dangerous back rooms. The twentieth century gradually saw the emergence of bitter divisions over issues of sexual “morality” and sexual freedom. Fiercely determined organizations and individuals on both the right and the left wrestled in the domains of politics, religion, public opinion, and the courts to win over the soul of the nation. With its stirring portrayals of Supreme Court justices, Sex and the Constitution reads like a dramatic gazette of the critical cases they decided, ranging from Griswold v. Connecticut (contraception), to Roe v. Wade (abortion), to Obergefell v. Hodges (gay marriage), with Stone providing vivid historical context to the decisions that have come to define who we are as a nation. Now, though, after the 2016 presidential election, we seem to have taken a huge step backward, with the progress of the last half century suddenly imperiled. No one can predict the extent to which constitutional decisions safeguarding our personal freedoms might soon be eroded, but Sex and the Constitution is more vital now than ever before.

The Oxford Handbook Of Environmental History

Author: Andrew Christian Isenberg
Publisher: Oxford University Press (UK)
ISBN: 0195324900
Size: 75.28 MB
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This book explores the methodology of environmental history, with an emphasis on the field's interaction with other historiographies such as consumerism, borderlands, and gender. It examines the problem of environmental context, specifically the problem and perception of environmental determinism, by focusing on climate, disease, fauna, and regional environments. It also considers the changing understanding of scientific knowledge.

American Law From A Catholic Perspective

Author: Ronald J. Rychlak
Publisher: Rowman & Littlefield
ISBN: 0810889188
Size: 65.17 MB
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This book is one of the most comprehensive surveys of American legal topics by a gathering of major Catholic legal scholars. Contributors explore, among other subjects, bankruptcy, bioethics, corporate law, ethics, immigration, and many different aspects of constitutional law, including religious freedom, privacy rights, and free speech.

The Myth Of The Imperial Judiciary

Author: Mark Kozlowski
Publisher: NYU Press
ISBN: 0814749291
Size: 32.90 MB
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Few institutions have become as ferociously fought over in democratic politics as the courts. While political criticism of judges in this country goes back to its inception, today’s intensely ideological assault is nearly unprecedented. Spend any amount of time among the writings of contemporary right-wing critics of judicial power, and you are virtually assured of seeing repeated complaints about the “imperial judiciary.” American conservatives contend not only that judicial power has expanded dangerously in recent decades, but that liberal judges now willfully write their policy preferences into law. They raise alarms that American courts possess a degree of power incompatible with the functioning of a democratic polity. The Myth of the Imperial Judiciary explores the anti-judicial ideological trend of the American right, refuting these claims and taking a realistic look at the role of courts in our democracy to show that conservatives have a highly unrealistic conception of their power. Kozlowski first assesses the validity of the conservative view of the Founders’ intent, arguing that courts have played an assertive role in our politics since their establishment. He then considers contemporary judicial powers to show that conservatives have greatly overstated the extent to which the expansion of rights which has occurred has worked solely to the benefit of liberals. Kozlowski reveals the ways in which the claims of those on the right are often either unsupported or simply wrong. He concludes that American courts, far from imperiling our democracy or our moral fabric, stand as a bulwark against the abuse of legislative power, acting forcefully, as they have always done, to give meaning to constitutional promises.

Failures Of American Methods Of Lawmaking In Historical And Comparative Perspectives

Author: James R. Maxeiner
Publisher: Cambridge University Press
ISBN: 1108195830
Size: 68.53 MB
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In this book, James R. Maxeiner takes on the challenge of demonstrating that historically American law makers did consider a statutory methodology as part of formulating laws. In the nineteenth century, when the people wanted laws they could understand, lawyers inflicted judge-made, statute-destroying, common law on them. Maxeiner offers the cure for common law, in the form of sensible statute law. Building on this historical evidence, Maxeiner shows how rule-making in civil law jurisdictions in other countries makes for a far more equitable legal system. Sensible statute laws fit together: one statute governs, as opposed to several laws that even lawyers have trouble disentangling. In a statute law system, lawmakers make laws for the common good in sensible procedures, and judges apply sensible laws and do not make them. This book shows how such a system works in Germany and would be a solution for the American legal system as well.

Die Goldene Legende

Author: Nadeem Aslam
Publisher: DVA
ISBN: 3641203147
Size: 36.31 MB
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Wenn ein Leben nur in der Lüge möglich ist In dem Moment, als auf der Grand Trunk Road Schüsse zu hören sind, beginnt Nargis' Leben zu zerbrechen. Ihr Ehemann gelangt versehentlich ins Kreuzfeuer und stirbt, bevor sie ihm die Wahrheit über ihre Vergangenheit beichten kann. Schon seit Längerem fürchtet sie, dass diese bald ans Licht kommen wird: Ein Unbekannter verkündet regelmäßig Geheimnisse der Anwohner vom Minarett der örtlichen Moscheen und versetzt damit Muslime und Christen gleichermaßen in Angst. Als die Lautsprecher die verbotene Liaison ihres Nachbarn mit der Tochter des muslimischen Geistlichen aufdecken, sind die Einschläge so nah, dass Nargis handeln muss ... In der für ihn typischen leuchtenden Prosa erzählt Nadeem Aslam eine Geschichte über Fanatismus, Widerstandsvermögen und die Lügen, die manchmal nötig sind, um zu überleben. Ein mutiger, zeitgemäßer und schmerzlich schöner Roman, in dem sich Pakistans Vergangenheit und Gegenwart spiegeln.

American Law In The 20th Century

Author: Lawrence Meir Friedman
Publisher: Yale University Press
ISBN: 0300102992
Size: 53.27 MB
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American law in the twentieth century describes the explosion of law over the past century into almost every aspect of American life. Since 1900 the center of legal gravity in the United States has shifted from the state to the federal government, with the creation of agencies and programs ranging from Social Security to the Securities Exchange Commission to the Food and Drug Administration. Major demographic changes have spurred legal developments in such areas as family law and immigration law. Dramatic advances in technology have placed new demands on the legal system in fields ranging from automobile regulation to intellectual property. Throughout the book, Friedman focuses on the social context of American law. He explores the extent to which transformations in the legal order have resulted from the social upheavals of the twentieth century--including two world wars, the Great Depression, the civil rights movement, and the sexual revolution. Friedman also discusses the international context of American law: what has the American legal system drawn from other countries? And in an age of global dominance, what impact has the American legal system had abroad? This engrossing book chronicles a century of revolutionary change within a legal system that has come to affect us all.

Why Lawsuits Are Good For America

Author: Carl T. Bogus
Publisher: NYU Press
ISBN: 0814737943
Size: 68.14 MB
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Judging by the frequency with which it makes an appearance in television news shows and late night stand up routines, the frivolous lawsuit has become part and parcel of our national culture. A woman sues McDonald’s because she was scalded when she spilled her coffee. Thousands file lawsuits claiming they were injured by Agent Orange, silicone breast implants, or Bendectin although scientists report these substances do not cause the diseases in question. The United States, conventional wisdom has it, is a hyperlitigious society, propelled by avaricious lawyers, harebrained judges, and runaway juries. Lawsuits waste money and time and, moreover, many are simply groundless. Carl T. Bogus is not so sure. In Why Lawsuits Are Good for America, Bogus argues that common law works far better than commonly understood. Indeed, Bogus contends that while the system can and occasionally does produce “wrong” results, it is very difficult for it to make flatly irrational decisions. Blending history, theory, empirical data, and colorful case studies, Bogus explains why the common law, rather than being outdated, may be more necessary than ever. As Bogus sees it, the common law is an essential adjunct to governmental regulation—essential, in part, because it is not as easily manipulated by big business. Meanwhile, big business has launched an all out war on the common law. “Tort reform”—measures designed to make more difficult for individuals to sue corporations—one of the ten proposals in the Republican Contract With America, and George W. Bush’s first major initiative as Governor of Texas. And much of what we have come to believe about the system comes from a coordinated propaganda effort by big business and its allies. Bogus makes a compelling case for the necessity of safeguarding the system from current assaults. Why Lawsuits Are Good for America provides broad historical overviews of the development of American common law, torts, products liability, as well as fresh and provocative arguments about the role of the system of “disciplined democracy” in the twenty-first century.