The shaping of nineteenth-century law : John Appleton and responsible individualism
著者
書誌事項
The shaping of nineteenth-century law : John Appleton and responsible individualism
（Contributions in legal studies, no. 57）
Greenwood Press, 1990
- : lib. bdg. : alk. pape
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注記
Bibliography: p. [213]-224
Includes index
内容説明・目次
内容説明
John Appleton was a prominent American lawyer who practiced in and around Bangor, Maine, beginning in the early 1820s and earned a national reputation as Chief Justice of Maine's supreme court. Through a study of Appleton's life and thought, Gold shows how the commitment to individual liberty and personal responsibility helped shape nineteenth-century American law. By tracing Appleton's life and law practice, the book addresses an aspect of early American culture that has received little attention--the nature of American individualism as embodied in the law. The book contributes to American legal historiography in other ways. It is one of just a handful of serious studies of state judges. It adds to the current revisionist interpretation of laissez-faire constitutionalism. Finally, it sheds light on some little studied areas of legal history, in particular the history of the law of evidence.
Recently some historians have recognized that law in the nineteenth century incorporated broadly held social values or world-views, and a few have written on the relationship between law and individualism. Gold contends these scholars have associated American individualism with self-reliance in the nineteenth century and nonconformity in the twentieth. Gold shows there is another side to individualism with self-reliance in the nineteenth century and nonconformity in the twentieth. Americans lived in society, therefore, their relations with one another had to be ordered. While they believed in freedom of action, they also believed that individuals had to be responsible for the effects of their actions on others. The book is ideal reading for all students of American legal history in particular and American history in general.
目次
Foreword Preface A Self-Made Man Bangor Lawyer Reformer and Judge Evidence and Justice The Defendant Takes the Stand Freedom and Responsibility in the Marketplace Personal Responsibility in the Law of Torts "The Rights of Man and the Rights of Slavery are at Eternal War" Government by Consent Laissez-Faire Constitutionalism and the Limits of Government Retirement and Legacy Bibliography Index
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