inventing american exceptionalism the origins of american adversarial legal culture 1800 1877 yale law library series in legal history and reference

Download Book Inventing American Exceptionalism The Origins Of American Adversarial Legal Culture 1800 1877 Yale Law Library Series In Legal History And Reference in PDF format. You can Read Online Inventing American Exceptionalism The Origins Of American Adversarial Legal Culture 1800 1877 Yale Law Library Series In Legal History And Reference here in PDF, EPUB, Mobi or Docx formats.

Inventing American Exceptionalism

Author : Amalia D. Kessler
ISBN : 9780300198072
Genre :
File Size : 78. 17 MB
Format : PDF, Docs
Download : 947
Read : 471

Get This Book


A highly engaging account of the developments--not only legal, but also socioeconomic, political, and cultural--that gave rise to Americans' distinctively lawyer-driven legal culture When Americans imagine their legal system, it is the adversarial trial--dominated by dueling larger-than-life lawyers undertaking grand public performances--that first comes to mind. But as award-winning author Amalia Kessler reveals in this engrossing history, it was only in the turbulent decades before the Civil War that adversarialism became a defining American practice and ideology, displacing alternative, more judge-driven approaches to procedure. By drawing on a broad range of methods and sources--and by recovering neglected influences (including from Europe)--the author shows how the emergence of the American adversarial legal culture was a product not only of developments internal to law, but also of wider socioeconomic, political, and cultural debates over whether and how to undertake market regulation and pursue racial equality. As a result, adversarialism came to play a key role in defining American legal institutions and practices, as well as national identity.

The Origins Of Reasonable Doubt

Author : James Q. Whitman
ISBN : 0300116004
Genre : History
File Size : 72. 91 MB
Format : PDF, Docs
Download : 735
Read : 1027

Get This Book


To be convicted of a crime in the United States, a person must be proven guilty “beyond a reasonable doubt.” But what is reasonable doubt? Even sophisticated legal experts find this fundamental doctrine difficult to explain. In this accessible book, James Q. Whitman digs deep into the history of the law and discovers that we have lost sight of the original purpose of “reasonable doubt.” It was not originally a legal rule at all, he shows, but a theological one. The rule as we understand it today is intended to protect the accused. But Whitman traces its history back through centuries of Christian theology and common-law history to reveal that the original concern was to protect the souls of jurors. In Christian tradition, a person who experienced doubt yet convicted an innocent defendant was guilty of a mortal sin. Jurors fearful for their own souls were reassured that they were safe, as long as their doubts were not “reasonable.” Today, the old rule of reasonable doubt survives, but it has been turned to different purposes. The result is confusion for jurors, and a serious moral challenge for our system of justice.

Engines Of Truth

Author : Wendie Ellen Schneider
ISBN : 9780300216554
Genre : History
File Size : 40. 19 MB
Format : PDF, ePub
Download : 362
Read : 360

Get This Book


During the Victorian era, new laws allowed more witnesses to testify in court cases. At the same time, an emerging cultural emphasis on truth-telling drove the development of new ways of inhibiting perjury. Strikingly original and drawing on a broad array of archival research, Wendie Schneider’s examination of the Victorian courtroom charts this period of experimentation and how its innovations shaped contemporary trial procedure. Blending legal, social, and colonial history, she shines new light on cross-examination, the most enduring product of this time and the “greatest legal engine ever invented for the discovery of truth.”

The Yale Law School Guide To Research In American Legal History

Author : John B. Nann
ISBN : 9780300118537
Genre :
File Size : 24. 29 MB
Format : PDF, ePub, Docs
Download : 281
Read : 507

Get This Book


The first guide to legal research intended for the many nonspecialists who need to enter this arcane and often tricky area

A Revolution In Commerce

Author : Amalia D. Kessler
ISBN : 0300113978
Genre : Business & Economics
File Size : 86. 21 MB
Format : PDF
Download : 307
Read : 1131

Get This Book


This groundbreaking book provides the first comprehensive account of the juridiction consulaire, or Merchant Court, of eighteenth-century Paris. Drawing on extensive archival research, Amalia D. Kessler reconstructs the workings of the court and the commercial law that it applied and uses these to shed new light on questions about the relationship between commerce and modernity that are of deep and abiding interest to lawyers, historians, and social scientists alike. Kessler shows how the merchants who were associated with the court--and not just elite thinkers and royal reformers--played a key role in reconceptualizing commerce as the credit-fueled private exchange necessary to sustain the social order. Deploying this modern conception of commerce in a variety of contexts, ranging from litigation over negotiable instruments to corporatist battles for status and jurisdiction, these merchants contributed (largely inadvertently and to their ultimate regret) to the demise of corporatism as both conceptual framework and institutional practice. In so doing, they helped bring about the social and political revolution of 1789. Highly readable and engaging, A Revolution in Commerce provides important new insights into the rise of commercial modernity by demonstrating the remarkable role played by the law in ideological and institutional transformation.

The Ages Of American Law

Author : Grant Gilmore
ISBN : 9780300211047
Genre : Law
File Size : 35. 15 MB
Format : PDF, Mobi
Download : 681
Read : 475

Get This Book


Following its publication in 1974, Grant Gilmore's compact portrait of the development of American law from the eighteenth century to the mid-twentieth century became a classic. In this new edition, the portrait is brought up to date with a new chapter by Philip Bobbitt that surveys the trajectory of American law since the original publication. Bobbitt also provides a Foreword on Gilmore and the celebrated lectures that inspired The Ages of American Law. "Sharp, opinionated, and as pungent as cheddar."—New Republic "This book has the engaging qualities of good table talk among a group of sophisticated and educated friends—given body by broad learning and a keen imagination and spiced with wit."—Willard Hurst

Congress S Constitution

Author : Josh Chafetz
ISBN : 9780300197105
Genre :
File Size : 74. 39 MB
Format : PDF, ePub, Mobi
Download : 221
Read : 1018

Get This Book


A leading scholar of Congress and the Constitution analyzes Congress's surprisingly potent set of tools in the system of checks and balances. Congress is widely supposed to be the least effective branch of the federal government. But as Josh Chafetz shows in this boldly original analysis, Congress in fact has numerous powerful tools at its disposal in its conflicts with the other branches. These tools include the power of the purse, the contempt power, freedom of speech and debate, and more. Drawing extensively on the historical development of Anglo-American legislatures from the seventeenth century to the present, Chafetz concludes that these tools are all means by which Congress and its members battle for public support. When Congress uses them to engage successfully with the public, it increases its power vis-�-vis the other branches; when it does not, it loses power. This groundbreaking take on the separation of powers will be of interest to both legal scholars and political scientists.

The Face That Launched A Thousand Lawsuits

Author : Jessica Lake
ISBN : 9780300214222
Genre :
File Size : 57. 12 MB
Format : PDF, Docs
Download : 220
Read : 300

Get This Book


A compelling account of how women shaped the common law right to privacy during the late nineteenth and early twentieth centuries Drawing on a wealth of original research, Jessica Lake documents how the advent of photography and cinema drove women--whose images were being taken and circulated without their consent--to court. There they championed the creation of new laws and laid the groundwork for America's commitment to privacy. Vivid and engagingly written, this powerful work will draw scholars and students from a range of fields, including law, women's history, the history of photography, and cinema and media studies.

According To Our Hearts

Author : Angela Onwuachi-Willig
ISBN : 9780300166880
Genre : Social Science
File Size : 28. 34 MB
Format : PDF, Mobi
Download : 894
Read : 989

Get This Book


DIV This landmark book looks at what it means to be a multiracial couple in the United States today. According to Our Hearts begins with a look back at a 1925 case in which a two-month marriage ends with a man suing his wife for misrepresentation of her race, and shows how our society has yet to come to terms with interracial marriage. Angela Onwuachi-Willig examines the issue by drawing from a variety of sources, including her own experiences. She argues that housing law, family law, and employment law fail, in important ways, to protect multiracial couples. In a society in which marriage is used to give, withhold, and take away status—in the workplace and elsewhere—she says interracial couples are at a disadvantage, which is only exacerbated by current law. /div

Civil Justice Reconsidered

Author : Steven P. Croley
ISBN : 9781479855001
Genre : Law
File Size : 40. 44 MB
Format : PDF
Download : 143
Read : 1262

Get This Book


"In Civil Justice Reconsidered, Steven Croley demonstrates that civil litigation is, for the most part, socially beneficial. An effective civil litigation system is accessible to parties who have suffered legal wrongs, and it is reliable in the sense that those with stronger claims tend to prevail over those with weaker claims. However, while most of the system's failures are overstated, they are not wholly off base; civil litigation often imposes excessive costs that, among other unfortunate consequences, impede access to the courts, and Croley offers ways to reform civil litigation in the interest of justice for potential plaintiffs and defendants, and for the rule of law itself"--Publisher's web site, viewed February 10, 2017.

Top Download:

Best Books