Dismantling American Common Law: Liberty and Justice in Our Transformed Courts

Dismantling American Common Law: Liberty and Justice in Our Transformed Courts

by Kyle Scott
     
 

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ISBN-10: 0739123777

ISBN-13: 9780739123775

Pub. Date: 06/18/2008

Publisher: Lexington Books

The American system of law 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

Overview

The American system of law 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 the American common law through historical and quantitative analysis and a philosophical inquiry of the 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.

Product Details

ISBN-13:
9780739123775
Publisher:
Lexington Books
Publication date:
06/18/2008
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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