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
ISBN-10:
0739123769
ISBN-13:
9780739123768
Pub. Date:
12/14/2007
Publisher:
Lexington Books

Hardcover

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Overview

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

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: 12/14/2007
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

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

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