Joseph Story and the Encyclopedia Americana


Book Description

Contains a little-known series of legal essays written by Joseph Story for the first edition of the Encyclopedia Americana, edited by Francis Lieber.




The Unsigned Essays of Supreme Court Justice Joseph Story


Book Description

Contains a little-known series of legal essays written by Joseph Story for the first edition of the Encyclopedia Americana, edited by Francis Lieber, published in 1844.




Liberalism and the Emergence of American Political Science


Book Description

"This book situates the origins of American political science in relation to the transatlantic history of liberalism. In a corrective to earlier accounts, it argues that, as political science took shape in the nineteenth century American academy, it did more than express a pre-existing American liberalism. The pioneers of American political science participated in transatlantic networks of intellectual and political elites that connected them directly to the vicissitudes of liberalism in Europe. The book shows how these figures adapted multiple contemporary European liberal arguments to speak to particular challenges of mass democratic politics and large-scale industry as they developed in America. Political science's pioneers in the American academy were thus active agents of the Americanization of liberalism. When political science first secured a niche in the American academy during the antebellum era, it advanced a democratized classical liberal political vision overlapping with the contemporary European liberalism of Tocqueville and John Stuart Mill. As political science expanded during the dramatic growth of university ideals and institutions in the Gilded Age, divergence within its liberalism came to the fore in the area of political economy. In the late-nineteenth century, this divergence was fleshed out into two alternative liberal political visions-progressive liberal and disenchanted classical liberal-with different analyses of democracy and the administrative state. During the early twentieth-century, both visions found expression among early presidents of the new American Political Science Association, and subsequently, within contests over the meaning of 'liberalism' as this term acquired salience in American political discourse. In sum, this book showcases how the history of American political science offers a venue in which we see how a distinct current of mid-nineteenth-century European liberalism was divergently transformed into alternative twentieth-century American liberalisms"--







Common Law and Natural Law in America


Book Description

Presents an ambitious narrative and fresh re-assessment of common law and natural law's varied interactions in America, 1630 to 1930.




American Comparative Law


Book Description

"Historical Comparative Law and Comparative Legal History Legal history and comparative law overlap in important respects. This is more apparent with the use of some methods for comparison, such as legal transplant, natural law, or nation building. M.N.S. Sellers nicely portrayed the relationship. The past is a foreign country, its people strangers and its laws obscure.... No one can really understand her or his own legal system without leaving it first, and looking back from the outside. The comparative study of law makes one's own legal system more comprehensible, by revealing its idiosyncrasies. Legal history is comparative law without travel. Legal historians, perhaps especially in the United States, have been skeptical about the possibility of a fruitful comparative legal history, preferring in general to investigate the distinctiveness of their national experience. Comparatists, however, content with revealing or promoting similarities or differences between legal systems, by their nature strive toward comparison. Some American historians, especially since World War II, see the value in this"--




The Language of Law and the Foundations of American Constitutionalism


Book Description

Argues that the Founders intended the Constitution to be interpreted according to the text's meaning and its framers' original intentions.




Equity and the Constitution


Book Description

Since the landmark desegregation decisions in the Brown vs. Board of Education cases, the proper role of the federal judiciary has been hotly debated. Has the federal judiciary, in its attempt to legislate social policy, overstepped its constitutional boundaries? In this volume, Gary McDowell considers the equity power created by Article III of the Constitution, on which the most controversial decisions of the Supreme Court have rested. He points out the equity was originally understood as an extraordinary means of offering relief to individuals in cases of fraud, accident, mistake, or trust and as a means of "confining the operation of unjust and partial laws." It has now been stretched to offer relief to broadly defined social classes. This "sociological" understanding, in McDowell's view, has undermined equity as a substantive body of law. He urges a return to the former definition as a means of restraining the reach of federal jurisdiction.




The Encyclopedia Americana


Book Description




The Encyclopedia Americana


Book Description