Dismantling American Common Law by Kyle Scott | 9780739123768 | Hardcover | Barnes & Noble
Dismantling American Common Law

Dismantling American Common Law

by Kyle Scott
     
 

ISBN-10: 0739123769

ISBN-13: 9780739123768

Pub. Date: 12/01/2007

Publisher: Lexington Books

The American law system has experienced a quiet revolution that has gone largely unnoticed by political scientists and legal scholars. The change that has occurred-the abandonment of the common law foundation on which the American judicial system was built-has important consequences for democratic politics in the United States and abroad. Dismantling American Common

Overview

The American law system has experienced a quiet revolution that has gone largely unnoticed by political scientists and legal scholars. The change that has occurred-the abandonment of the common law foundation on which the American judicial system was built-has important consequences for democratic politics in the United States and abroad. Dismantling American Common Law: Liberty and Justice in Our Transformed Courts tracks the development of American common law through historical and quantitative analysis and provides a philosophical inquiry of its founding. Author Kyle Scott seeks to reclaim this lost tradition of common law, which was vital as a legitimizing force and consensus-building mechanism at the American founding, and will grow in importance for newly democratizing nations around the world.

About the Author:
Kyle Scott is assistant professor in the Department of Political Science at the University of North Florida

Product Details

ISBN-13:
9780739123768
Publisher:
Lexington Books
Publication date:
12/01/2007
Pages:
186
Product dimensions:
6.00(w) x 9.00(h) x 0.56(d)

Table of Contents

Acknowledgments     vii
Introduction     ix
Defining the Common Law and Surveying the Literature     1
Debating the Common Law in America     15
An Evaluation of the Factors that Have Led to the Dismantling     37
The Decline in the Use of Juries     57
Equity, Sovereign Immunity, and Consequences     77
Montesquieu as the Intellectual Forerunner     109
Conclusion     153
Bibliography     159
Index     167

Customer Reviews

Average Review:

Write a Review

and post it to your social network

     

Most Helpful Customer Reviews

See all customer reviews >