The Transformation of American Law 1870 1960

Author: Morton J. Horwitz
Publisher: Oxford University Press, USA
ISBN: UOM:39015066049027
Release Date: 1992
Genre: Medical

Presents the long-awaited sequel that brings his sweeping history to completion. In his pathbreaking first volume, Horwitz showed how economic conflicts helped transform law in antebellum America. Here, Horwitz picks up where he left off, tracing the struggle in American law between the entrenched legal orthodoxy and the Progressive movement, which arose in response to ever-increasing social and economic inequality. Horwitz introduces us to the people and events that.

The legalist reformation

Author: William Edward Nelson
Publisher: The University of North Carolina Press
ISBN: UOM:39015051290099
Release Date: 2001-03
Genre: History

How state judges brought minorities into the mainstream Based on a detailed examination of New York case law, The Legalist Reformation traces the efforts of citizens of diverse racial, ethnic, and religious backgrounds to live together in the state during the past century. William Nelson argues that the most powerful instrument facilitating these efforts has been the law of New York--law proclaimed largely by judges such as Benjamin N. Cardozo, Henry J. Friendly, and Learned Hand rather than by legislators or federal officials. Furthermore, the legal ideology outlined by New York jurists has become a standard for justice worldwide among diverse cultures whose people, like New Yorkers, are striving to coexist.

All Judges Are Political Except When They Are Not

Author: Keith Bybee
Publisher: Stanford University Press
ISBN: 0804753113
Release Date: 2010-08-24
Genre: Law

We live in an age where one person's judicial "activist" legislating from the bench is another's impartial arbiter fairly interpreting the law. After the Supreme Court ended the 2000 Presidential election with its decision in Bush v. Gore, many critics claimed that the justices had simply voted their political preferences. But Justice Clarence Thomas, among many others, disagreed and insisted that the Court had acted according to legal principle, stating: "I plead with you, that, whatever you do, don't try to apply the rules of the political world to this institution; they do not apply." The legitimacy of our courts rests on their capacity to give broadly acceptable answers to controversial questions. Yet Americans are divided in their beliefs about whether our courts operate on unbiased legal principle or political interest. Comparing law to the practice of common courtesy, Keith Bybee explains how our courts not only survive under these suspicions of hypocrisy, but actually depend on them. Law, like courtesy, furnishes a means of getting along. It frames disputes in collectively acceptable ways, and it is a habitual practice, drummed into the minds of citizens by popular culture and formal institutions. The rule of law, thus, is neither particularly fair nor free of paradoxical tensions, but it endures. Although pervasive public skepticism raises fears of judicial crisis and institutional collapse, such skepticism is also an expression of how our legal system ordinarily functions.

Transformations in American Legal History

Author: Daniel W. Hamilton
Publisher: Harvard University Press
ISBN: STANFORD:36105134444830
Release Date: 2009
Genre: History

During his career at Harvard, Morton Horwitz changed the questions legal historians ask. The Transformation of American Law, 1780âe"1860 (1977) disclosed the many ways that judge-made law favored commercial and property interests and remade law to promote economic growth. The Transformation of American Law, 1870âe"1960 (1992) continued that project, with a focus on ideas that reshaped law as we struggled for objective and neutral legal responses to our countryâe(tm)s crises. In this book, Horwitzâe(tm)s students re-examine legal history from Americaâe(tm)s colonial era to the late twentieth century. They ask classic Horwitzian questions, of how legal doctrine, thought, and practice are shaped by the interests of the powerful, as well as by the ideas of lawyers, politicians, and others. The essays address current questions in legal history, from colonial legal practice to questions of empire, civil rights, and constitutionalism in a democracy. The essays are, like Horwitz, provocative and original as they continue his transformation of American legal history.

Structures of Judicial Decision Making from Legal Formalism to Critical Theory

Author: Roy Lavon Brooks
ISBN: STANFORD:36105063951086
Release Date: 2005-01-01
Genre: Law

This is a general book on jurisprudence designed for both the novice and more experienced student, which makes it suitable for first-year law students. It is the first book to distinguish and connect traditional theories of judicial decision-making (e.g., legal formalism, textualism, legal realism, and legal process) with “critical process” (which is critical theory transformed from a theory of legal criticism into a theory of judicial decision-making). Brooks breaks new ground on several other fronts as well — he employs an innovative framework that divides judicial decision-making models into the “logical method” and the “policy method;” offers a more nuanced conceptualization of judicial policy-formulation in which judges are seen as not only making policy, but also (and more typically) as discovering and vindicating policy; redefines “ policy-making” in a manner that is different from our traditional understanding of the term; and synthesizes critical process into three judicial models: symmetrical, asymmetrical, and hybrid. The book is written in two parts. Part 1 (Traditional Process) discusses five major traditional judicial models, each reflective of either the logical method or the policy method. Part 1 ends with a synthesis of the traditional models (dividing them into three categories), which judges who have used the book find to be most useful. Part 2 (Critical Process) begins with a discussion of critical theory's central theme and operating elements and then transforms these features into a theory of outsider-oriented judicial decision making, something judges can actually use in deciding cases. Critical theory is thus transformed into “critical process.”

American justice

Author: Joseph M. Bessette
Publisher: Ready Reference
ISBN: UVA:X002779479
Release Date: 1996
Genre: Law

American Eras Civil War and Reconstruction 1850 1877

ISBN: 078761484X
Release Date: 1997
Genre: Electronic books

Covers the individuals and events related to such topics as world events, the arts, communication, education, government and politics, and science and medicine from the colonial era onward.

The Oxford guide to the United States government

Author: John J. Patrick
Publisher: Oxford University Press, USA
ISBN: 019514273X
Release Date: 2001
Genre: History

Entries offer profiles of United States presidents, vice presidents, Supreme Court justices, and other significant figures, and information on elections, legislation, Supreme Court decisions, and major issues.

Southern slavery and the law 1619 1860

Author: Thomas D. Morris
Publisher: Univ of North Carolina Pr
ISBN: UOM:39015064835161
Release Date: 1996
Genre: History

cases as a means of establishing both what the doctrines concerning slavery were and how they were implemented.

Communities and Law

Author: Gad Barzilai
Publisher: University of Michigan Press
ISBN: UOM:39015060014787
Release Date: 2003-08-11
Genre: Law

DIVCommunities and Law looks at minorities, or nonruling communities, and their identity practices under state domination in the midst of globalization. It examines six sociopolitical dimensions of community--nationality, social stratification, gender, religion, ethnicity, and legal consciousness--within the communitarian context and through their respective legal cultures. /divDIVGad Barzilai addresses such questions as: What is a communal legal culture, and what is its relevance for relations between state and society in the midst of globalization? How do nonliberal communal legal cultures interact with transnational American-led liberalism? Is current liberalism, with its emphasis on individual rights, litigation, and adjudication, sufficient to protect pluralism and multiculturalism? Why should democracies encourage the collective rights of nonruling communities and protect nonliberal communal cultures in principle and in practice? He looks at Arab-Palestinians, feminists, and ultra-Orthodox Jews in Israel as examples of the types of communities discussed. Communities and Law contributes to our understanding of the severe tensions between democracies, on the one hand, and the challenge of their minority communities, on the other, and suggests a path toward resolving the resulting critical issues. /divDIVGad Barzilai is Professor of Political Science and Law and Co-Director of the Law, Politics and Society Program, Department of Political Science, Tel Aviv University. /div

On coming to law

Author: F. C. DeCoste
ISBN: STANFORD:36105063216464
Release Date: 2001
Genre: Law

100 Years of Pragmatism

Author: John J. Stuhr
ISBN: UCSD:31822036510717
Release Date: 2010
Genre: Philosophy

William James claimed that his Pragmatism: A New Name for Some Old Ways of Thinking would prove triumphant and epoch-making. Today, after more than 100 years, how is pragmatism to be understood? What has been its cultural and philosophical impact? Is it a crucial resource for current problems and for life and thought in the future? John J. Stuhr and the distinguished contributors to this multidisciplinary volume address these questions, situating them in personal, philosophical, political, American, and global contexts. Engaging James in original ways, these 11 essays probe and extend the significance of pragmatism as they focus on four major, overlapping themes: pragmatism and American culture; pragmatism as a method of thinking and settling disagreements; pragmatism as theory of truth; and pragmatism as a mood, attitude, or temperament.