Law's History


Book Description

This is a study of the central role of history in late-nineteenth century American legal thought. In the decades following the Civil War, the founding generation of professional legal scholars in the United States drew from the evolutionary social thought that pervaded Western intellectual life on both sides of the Atlantic. Their historical analysis of law as an inductive science rejected deductive theories and supported moderate legal reform, conclusions that challenge conventional accounts of legal formalism Unprecedented in its coverage and its innovative conclusions about major American legal thinkers from the Civil War to the present, the book combines transatlantic intellectual history, legal history, the history of legal thought, historiography, jurisprudence, constitutional theory, and the history of higher education.







A Companion to American Legal History


Book Description

A Companion to American Legal History presents a compilation of the most recent writings from leading scholars on American legal history from the colonial era through the late twentieth century. Presents up-to-date research describing the key debates in American legal history Reflects the current state of American legal history research and points readers in the direction of future research Represents an ideal companion for graduate and law students seeking an introduction to the field, the key questions, and future research ideas







American Legal History


Book Description

The second edition is updated and expanded, making this highly successful college textbook the authoritative text on its subject. New material encompasses recent developments in American constitutional and legal history, with special attention given to issues of death and dying, criminal justice, and the feminist critique of the law.




Opening Statements


Book Description

Explores the influence of Dutch law and jurisprudence in colonial America.




Doctors and the Law


Book Description

After the American Revolution, the new republic's most prominent physicians envisioned a society in which doctors, lawyers, and the state might work together to ensure public well-being and a high standard of justice. But as James C. Mohr reveals in Doctors and the Law, what appeared to be fertile ground for cooperative civic service soon became a battlefield, as the relationship between doctors and the legal system became increasingly adversarial. Mohr provides a graceful and lucid account of this prfound shift from civic republicanism to marketplace professionalism. He shows how, by 1900, doctors and lawyers were at each other's throats, medical jurisprudence had disappeared as a serious field of study for American physicians, the subject of insanity had become a legal nightmare, expert medical witnesses had become costly and often counterproductive, and an ever-increasing number of malpractice suits had intensified physicians' aversion to the courts. In short, the system we have taken largely for granted throughout the twentieth century had been established. Doctors and the Law is a penetrating look at the origins of our inherited medico-legal system.




Roman and Civil Law and the Development of Anglo-American Jurisprudence in the Nineteenth Century


Book Description

Seeking to fill a gap in our knowledge of the legal history of the nineteenth century, this volume studies the influence of Roman and civil law upon the development of common law jurisdictions in the United States and in Great Britain. M. H. Hoeflich examines the writings of a variety of prominent Anglo-American legal theorists to show how Roman and civil law helped common law thinkers develop their own theories. Intellectual leaders in law in the United States and Great Britain used Roman and civil law in different ways at different times. The views of these lawyers were greatly respected even by nonlawyers, and most of them wrote to influence a wider public. By filling in the gaps in the history of jurisprudence, this volume also provides greater understanding of the development of Anglo-American culture and society.




Race on Trial


Book Description

This collection of 12 original essays brings together two themes of American culture - law and race. Cases discussed include Amistad, Dred Scott, Regents v. Bakke and O.J. Simpson.