American Law And The Constitutional Order / Edition 2

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This is the standard reader in American law and constitutional development. The selections demonstrate that the legal order, once defined by society, helps in molding the various forces of the social life of that society. The essays cover the entire period of the American experience, from the colonies to postindustrial society.

Additions to this enlarged edition include essays by Michael Parrish on the Depression and the New Deal; Abram Chayes on the role of the judge in public law litigation; David Vogel on social regulation; Harry N. Scheiber on doctrinal legacies and institutional innovations in the relation between law and the economy; and Lawrence M. Friedman on American legal history.

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Editorial Reviews

American Journal of Legal History

The best of its kind available... This collection is highly recommended.
— Jonathan Lurie

Ohio History

A highly useful study... Among those whose work is included are well-known, prominent specialists in the fields of history, law, and political science.
— H. Dean Peters

American Journal of Legal History - Jonathan Lurie
The best of its kind available... This collection is highly recommended.
Ohio History - H. Dean Peters
A highly useful study... Among those whose work is included are well-known, prominent specialists in the fields of history, law, and political science.
Ohio History
A highly useful study... Among those whose work is included are well-known, prominent specialists in the fields of history, law, and political science.
— H. Dean Peters
American Journal of Legal History
The best of its kind available... This collection is highly recommended.
— Jonathan Lurie
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Product Details

  • ISBN-13: 9780674025271
  • Publisher: Harvard University Press
  • Publication date: 10/15/1988
  • Edition description: Enlarged Edition
  • Edition number: 2
  • Pages: 600
  • Product dimensions: 7.00 (w) x 10.00 (h) x 1.21 (d)

Meet the Author

Lawrence M. Friedman is Marion Rice Kirkwood Professor of Law at Stanford University and author of many books, including A History of American Law, Crime and Punishment in American History, and American Law in the Twentieth Century.

Harry N. Scheiber is Professor of Law, University of California School of Law, Berkeley.

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Table of Contents

Preface to the Enlarged Edition

Preface to the First Edition

Part One: American Legal Culture

1. The Law in United States History

Willard Hurst

2. Notes Toward a History of American Justice

Lawrence M. Friedman

Part Two: Studies in Colonial Law

3. King's Law and Local Custom in Seventeenth-Century New England

Julius Goebel, Jr.

4. The Legal Heritage of Plymouth Colony

George L. Haskins

5. The Politics of Law in Colonial America: Controversies Over Chancery Courts and Equity Law in the Eighteenth Century

Stanley N. Katz

6. Law and the Enforcement of Morals in Early America

David Flaherty

Part Three: The Revolution and the New Constitutional Order

7. Popular Uprisings and Civil Authority in Eighteenth-Century America

Pauline Maier

8. Federalism and the Constitution: The Original Understanding

Harry N. Scheiber

9. Liberty and the First Amendment: 1790-1800

Leonard W. Levy

Part Four: Law and the Economy in Ante-bellum America

10. The Release of Energy

Willard Hurst

11. An Overview of American Land Policy

Paul W. Gates

12. Property Law, Expropriation, and Resource Allocation by Government, 1789-1910

Harry N. Scheiber

13. The Transformation in the Conception of Property in American Law, 1780-1860

Morton J. Horwitz

14. The Law of the Commonwealth and Chief Justice Shaw

Leonard W. Levy

Part Five: Crime, Criminal Justice, and Violence

15. Emerging Notions of Modern Criminal Law in the Revolutionary Era: An Historical Perspective

William E. Nelson

16. Violence and Vigilantism in American History

Richard Maxwell Brown

17. Urbanization and Criminal Violence in the Nineteenth Century: Massachusetts as a Test Case

Roger Lane

Part Six: Slavery and the Civil War

18. Chattels Personal

Kenneth M. Stampp

19. The American Civil War as a Constitutional Crisis

Arthur Bestor

Part Seven: The New Legal Order: Reconstruction and the Gilded Age

20. The Reconstruction of Federal Judicial Power, 1863-1876

William M. Wiecek

21. Justice Field and the Jurisprudence of Government-Business Relations: Some Parameters of Laissez Faire Constitutionalism, 1863-1897

Charles W. McCurdy

Part Eight: Progressivism and the Law

22. Social Change and the Law of Industrial Accidents

Lawrence M. Friedman and Jack Ladinsky

23. Legal Progressivism, the Courts, and the Crisis of the 1890s

Arnold M. Paul

Part Nine: Crime and Social Control in the Twentieth Century

24. Behavior Modification in Total Institutions: An Historical Overview

David J. Rothman

25. Urban Crime and Criminal Justice: The Chicago Case

Mark H. Hailer

Part Ten: Race Relations and the Law

26. Negro Involuntary Servitude in the South, 1865-1940: A Preliminary Analysis

William Cohen

27. Moorfield Storey and the Struggle for Equality

William B. Hixson, Jr.

28. Earl Warren and the Brown Decision

S. Sidney Ulmer

Part Eleven: The Bar and the New jurisprudence

29: Lawyers and Clients in the Twentieth Century

Jerold S. Auerbach

30. American jurisprudence between the Wars: Legal Realism and the Crisis of Democratic Theory

Edward A. Purcell, Jr.

Part Twelve: Restructuring the Legal Order: The New Deal Era

31. The Great Depression, the New Deal, and the American Legal Order

Michael E. Parrish

Part Thirteen: The Modern Legal Order: Public Law, the New Property, and the Regulatory State

32. The New Property

Charles A. Reich

33. The Role of the Judge in Public Law Litigation

Abram Chayes

34. The "New" Social Regulation in Historical and Comparative Perspective

David Vogel

Part Fourteen: The Study of Constitutional and Legal History

35. Doctrinal Legacies and Institutional Innovations: Law and the Economy in American History

Harry N. Scheiber

36. American Legal History: Past and Present

Lawrence M. Friedman



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