Persons and masks of the law : Cardozo, Holmes, Jefferson, and Wythe as makers of the masks with a new preface
著者
書誌事項
Persons and masks of the law : Cardozo, Holmes, Jefferson, and Wythe as makers of the masks with a new preface
University of California Press, 2002, c1976
- : pbk
大学図書館所蔵 全7件
注記
Bibliography: p. [169]-198
Includes index
内容説明・目次
内容説明
Legal thought in this country has always focused on the rules rather than on the persons affected by the rules. Persons and Masks of the Law restores the balance by taking a person-centered view of the law. The author shows how even great jurists have chosen the "masks of the law" over persons, his surprising examples being Thomas Jefferson, George Wythe, Benjamin Cardozo, and Oliver Wendell Holmes, Jr. - four of the greatest lawyers of the United States. Noonan discusses how the concept of property, applied to a person, is a perfect mask since no trace of human identity remains. An auction of slaves in Virginia, the takeover of a banana plantation in Costa Rica, and an accident on the Long Island railroad are the famous cases involving these four legal giants. The stories of the litigations at three different periods of our history provide and new and powerful analyses of American law. This book, breaking through the formalism in which jurisprudence is enshrined, offers a new vision of law and represents a call for reform in the education and even behavior of lawyers.
目次
Preface to the 2002 Edition Foreword 1. THE MASKS OF THE PARTICIPANTS 2. VIRGINIAN LIBERATORS 3. THE OVERLORD OF AMERICAN LAW AND THE SOVEREIGN OF COSTA RICA 4. THE PASSENGERS OF PALSGRAF 5. THE ALLIANCE OF LAW AND HISTORY Notes and References Index
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