| Description |
1 online resource (xv, 490 pages) : illustrations, map |
| Series |
Studies in legal history |
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Studies in legal history.
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| Contents |
An Introduction to This Tale of Two Voices -- pt. 1. Old Channels and Moorings: A Jurisprudence of the Head. Ch. 1. The Anchors of Precedent, Principle, and Symmetry: Understanding the Jurisprudence of the Head. Ch. 2. Plus ca Change: Contract's Westminster Anchors in Nineteenth-Century America. Ch. 3. On Historical Developments and Barriers to Injured Plaintiffs: Continuity in Tort Law -- Entr'acte. Eddies: A Jurisprudence of the Hand -- pt. 2. Strong Currents: A Jurisprudence of the Heart. Ch. 4. Abandoning an Unneighborly Rule: Putting Out the Ancient-Lights Doctrine. Ch. 5. Bottomed on Justice: Allowing What Her Labor Was Worth to the Worker Who Quit. Ch. 6. Enabling the Poor to Have Their Day in Court: The Sanctioning of Contingency-Fee Contracts. Ch. 7. "Larmoyant" Law: Explaining the Fight over the Attractive-Nuisance Doctrine. Ch. 8. Children at Play and Heroic Risks: Big Holes Punched in the Contributory-Negligence Defense |
| Summary |
Challenging traditional accounts of the development of American private law, Peter Karsten offers an important new perspective on the making of the rules of common law and equity in nineteenth-century courts. The central story of that era, he finds, was a struggle between a jurisprudence of the head, which adhered strongly to English precedent, and a jurisprudence of the heart, a humane concern for the rights of parties rendered weak by inequitable rules and a willingness to create exceptions or altogether new rules on their behalf |
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Karsten unites his legal commentary with recent scholarship on the political culture of antebellum America in exploring the roots of a pro-plaintiff, humanitarian jurisprudence. In the process, he necessarily addresses the shortcomings of earlier, economic-oriented paradigms regarding judicial rulemaking in the nineteenth century - an alleged jurisprudence of the visible or invisible hand - demonstrating that both head and heart guided the making of American common law |
| Bibliography |
Includes bibliographical references (pages 325-473) and indexes |
| Notes |
Master and use copy. Digital master created according to Benchmark for Faithful Digital Reproductions of Monographs and Serials, Version 1. Digital Library Federation, December 2002. http://purl.oclc.org/DLF/benchrepro0212 MiAaHDL |
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digitized 2010 HathiTrust Digital Library committed to preserve pda MiAaHDL |
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Online resource (HeinOnline, viewed August 30, 2016) |
| Subject |
Judge-made law -- United States -- History -- 19th century
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POLITICAL SCIENCE -- Government -- Judicial Branch.
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LAW -- Legal Services.
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LAW -- Civil Procedure.
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Judge-made law
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Richterrecht
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Precedentenrecht.
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Privaatrecht.
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Rechtspraak.
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Rechtstheorie.
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Geschichte 1800-1900.
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United States
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USA
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| Genre/Form |
Electronic books
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History
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| Form |
Electronic book
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| ISBN |
0807862355 |
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9780807862353 |
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9781469629063 |
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1469629062 |
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