Dismantling American Common Law

Dismantling American Common Law

by Kyle Scott
     
 

ISBN-10: 0739123777

ISBN-13: 9780739123775

Pub. Date: 07/01/2008

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…  See more details below

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:
9780739123775
Publisher:
Lexington Books
Publication date:
07/01/2008
Edition description:
New Edition
Pages:
186
Product dimensions:
5.90(w) x 8.90(h) x 0.80(d)

Table of Contents

Chapter 1 Introduction Chapter 2 Chapter 1. Defining the Common Law and Surveying the Literature Chapter 3 Chapter 2. Debating the Common Law in America Chapter 4 Chapter 3. An Evaluation of the Factors that have led to the Dismantling Chapter 5 Chapter 4. The Decline in the Use of Juries Chapter 6 Chapter 5. Equity, Sovereign Immunity, and Consequences Chapter 7 Chapter 6. Montesquieu as the Intellectual Forerunner Chapter 8 Conclusion

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