The Creation of American Common Law, 1850–1880


Book Description

This book is a comparative study of the American legal development in the mid-nineteenth century. Focusing on Illinois and Virginia, supported by observations from six additional states, the book traces the crucial formative moment in the development of an American system of common law in northern and southern courts. The process of legal development, and the form the basic analytical categories of American law came to have, are explained as the products of different responses to the challenge of new industrial technologies, particularly railroads. The nature of those responses was dictated by the ideologies that accompanied the social, political, and economic orders of the two regions. American common law, ultimately, is found to express an emerging model of citizenship, appropriate to modern conditions. As a result, the process of legal development provides an illuminating perspective on the character of American political thought in a formative period of the nation.




The Creation of American Common Law, 1850-1880


Book Description

"Common law" is the name for legal principals developed by judges. America developed its own system of the common law in the mid-nineteenth century, abandoning the system inherited from England. This book is a comparative study of the development of American law that contrasts the experiences of North and South by a study of Illinois and Virginia, supported by observations from six states. The book has a new comparative focus highlighting the connections between legal development, American political thought, and American political and economic development.




Common Law, History, and Democracy in America, 1790–1900


Book Description

This book argues for a change in our understanding of the relationships among law, politics and history. Since the turn of the nineteenth century, a certain anti-foundational conception of history has served to undermine law's foundations, such that we tend to think of law as nothing other than a species of politics. Thus viewed, the activity of unelected, common law judges appears to be an encroachment on the space of democracy. However, Kunal M. Parker shows that the world of the nineteenth century looked rather different. Democracy was itself constrained by a sense that history possessed a logic, meaning and direction that democracy could not contravene. In such a world, far from law being seen in opposition to democracy, it was possible to argue that law - specifically, the common law - did a better job than democracy of guiding America along history's path.




Constitutional Context


Book Description

Publisher Description




The Cambridge Companion to the United States Constitution


Book Description

This Companion provides a broad, historically informed introduction to the study of the US constitutional system. In place of the usual laundry lists of cases, doctrines, and theories, it presents a picture of the constitutional system in action, with separate sections devoted to constitutional principles, organizational structures, and the various legal and extra-legal 'actions' through which litigators and average citizens have attempted to bring about constitutional change. Finally, the volume covers a number of subjects that are rarely discussed in works aimed at a general audience, but which are critical to ensuring that constitutional rights are honored in the day-to-day lives of citizens. These include standing and causes of action, suits against officeholders, and the inner workings of the Foreign Intelligence Surveillance Court (FISC). This Companion places present-day constitutional controversies in historical context, and offers insights from a range of disciplines, including history, political science, and law.




The Common Law Inside the Female Body


Book Description

Explains why lawyers seeking gender progress from primary legal materials should start with the common law.




A History of American Law


Book Description

Renowned legal historian Lawrence Friedman presents an accessible and authoritative history of American law from the colonial era to the present day. This fully revised fourth edition incorporates the latest research to bring this classic work into the twenty-first century. In addition to looking closely at timely issues like race relations, the book covers the changing configurations of commercial law, criminal law, family law, and the law of property. Friedman furthermore interrogates the vicissitudes of the legal profession and legal education. The underlying theory of this eminently readable book is that the law is the product of society. In this way, we can view the history of the legal system through a sociological prism as it has evolved over the years.




Controlling Administrative Power


Book Description

This wide-ranging comparative account of the legal regimes for controlling administrative power in England, the USA and Australia argues that differences and similarities between control regimes may be partly explained by the constitutional structures of the systems of government in which they are embedded. It applies social-scientific and historical methods to the comparative study of law and legal systems in a novel and innovative way, and combines accounts of long-term and large-scale patterns of power distribution with detailed analysis of features of administrative law and the administrative justice systems of three jurisdictions. It also proposes a new method of analysing systems of government based on two different models of the distribution of public power (diffusion and concentration), a model which proves more illuminating than traditional separation-of-powers analysis.




Sweet Taste of Liberty


Book Description

Winner of the Pulitzer Prize for History The unforgettable saga of one enslaved woman's fight for justice--and reparations Born into slavery, Henrietta Wood was taken to Cincinnati and legally freed in 1848. In 1853, a Kentucky deputy sheriff named Zebulon Ward colluded with Wood's employer, abducted her, and sold her back into bondage. She remained enslaved throughout the Civil War, giving birth to a son in Mississippi and never forgetting who had put her in this position. By 1869, Wood had obtained her freedom for a second time and returned to Cincinnati, where she sued Ward for damages in 1870. Astonishingly, after eight years of litigation, Wood won her case: in 1878, a Federal jury awarded her $2,500. The decision stuck on appeal. More important than the amount, though the largest ever awarded by an American court in restitution for slavery, was the fact that any money was awarded at all. By the time the case was decided, Ward had become a wealthy businessman and a pioneer of convict leasing in the South. Wood's son later became a prominent Chicago lawyer, and she went on to live until 1912. McDaniel's book is an epic tale of a black woman who survived slavery twice and who achieved more than merely a moral victory over one of her oppressors. Above all, Sweet Taste of Liberty is a portrait of an extraordinary individual as well as a searing reminder of the lessons of her story, which establish beyond question the connections between slavery and the prison system that rose in its place.




Making Capitalism Safe


Book Description

Workplaces in the United States are safer today than they were a hundred and twenty years ago. In this book, Donald W. Rogers attributes this improvement partly to the development in the Progressive Era of surprisingly strong state-level work safety and health regulatory agencies, a patchwork of commissions and labor departments that advanced safety law from common-law negligence to the modern system of administrative regulation. Rogers examines the Wisconsin Industrial Commission and compares it to arrangements in Ohio, California, New York, Illinois, and Alabama. Connecting this history to the creation of the Occupational Safety and Health Administration in 1970, Making Capitalism Safe will revise historical understandings of state regulation, compensation insurance, and labor law politics--issues that remain pressing in our time.