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

Hardcover

$120.00 
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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: 9780739123768
Publisher: Bloomsbury Academic
Publication date: 12/14/2007
Pages: 186
Product dimensions: 6.32(w) x 9.40(h) x 0.73(d)

About the Author

Kyle Scott is assistant professor in the Department of Political Science at the University of North Florida.

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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