Dismantling American common law : liberty and justice in our transformed courts
著者
書誌事項
Dismantling American common law : liberty and justice in our transformed courts
Lexington Books, 2008
1st pbk. ed
- : pbk
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注記
Bibliography: p. 159-166
Includes index
内容説明・目次
内容説明
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.
目次
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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