The Lost World Of Classical Legal Thought

Author: William M. Wiecek
Publisher: Oxford University Press, USA
ISBN: 9780195147131
Size: 14.23 MB
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This book examines legal ideology in America from the height of the Gilded Age through the time of the New Deal, when the Supreme Court began to discard orthodox thought in favour of more modernist approaches to law. Wiecek places this era of legal thought in its historical context, integrating social, economic, and intellectual analyses.

The Hidden History Of International Law In The Americas

Author: Dr. Juan Pablo Scarfi
Publisher: Oxford University Press
ISBN: 0190622369
Size: 54.26 MB
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International law has played a crucial role in the construction of imperial projects. Yet within the growing field of studies about the history of international law and empire, scholars have seldom considered this complicit relationship in the Americas. The Hidden History of International Law in the Americas offers the first exploration of the deployment of international law for the legitimization of U.S. ascendancy as an informal empire in Latin America. This book explores the intellectual history of a distinctive idea of American international law in the Americas, focusing principally on the evolution of the American Institute of International Law (AIIL). This organization was created by U.S. and Chilean jurists James Brown Scott and Alejandro Alvarez in Washington D.C. for the construction, development, and codification of international law across the Americas. Juan Pablo Scarfi examines the debates sparked by the AIIL over American international law, intervention and non-intervention, Pan-Americanism, the codification of public and private international law and the nature and scope of the Monroe Doctrine, as well as the international legal thought of Scott, Alvarez, and a number of jurists, diplomats, politicians, and intellectuals from the Americas. Professor Scarfi argues that American international law, as advanced primarily by the AIIL, was driven by a U.S.-led imperial aspiration of civilizing Latin America through the promotion of the international rule of law. By providing a convincing critical account of the legal and historical foundations of the Inter-American System, this book will stimulate debate among international lawyers, IR scholars, political scientists, and intellectual historians.

Proprietary Remedies In Context

Author: Craig Rotherham
Publisher: Hart Publishing
ISBN: 1841131652
Size: 50.16 MB
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This volume examines redistributive processes such as tracing, subrogation and proprietary estoppel and the use of the constructive trust in the context of contracts to assign property, and the breakdown of intimate relationships.

The Lovers Quarrel

Author: Elvin T. Lim
Publisher: Oxford University Press
ISBN: 019932395X
Size: 34.10 MB
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The United States has had not one, but two Foundings. The Constitution produced by the Second Founding came to be only after a vociferous battle between Federalists and Anti-Federalists. The Federalists favored a relatively powerful central government, while the Anti-Federalists distrusted the concentration of power in one place and advocated the preservation of sovereignty in the states as crucibles of post-revolutionary republicanism -- the legacy of the First Founding. This philosophical cleavage has been at the heart of practically every major political conflict in U.S. history, and lives on today in debates between modern liberals and conservatives. In The Lovers' Quarrel, Elvin T. Lim presents a systematic and innovative analysis of this perennial struggle. The framers of the second Constitution, the Federalists, were not operating in an ideational or institutional vacuum; rather, the document they drafted and ratified was designed to remedy the perceived flaws of the Articles of Confederation and Perpetual Union. To decouple the Two Foundings is to appreciate that there is no such thing as "original meaning," only original dissent. Because the Anti-Federalists insisted that prior and democratically sanctioned understandings of federalism and union had to be negotiated and partially grafted onto the new Constitution, the Constitution's Articles and the Bill of Rights do not cohere as well together as has conventionally been thought. Rather, they represent two antithetical orientations toward power, liberty, and republicanism. The altercation over the necessity of the Second Founding generated coherent and self-contained philosophies that would become the core of American political thought, reproduced and transmitted across two centuries, whether the victors were the neo-Federalists (such as during the Civil War and the New Deal) or the neo-Anti-Federalists (such as during the Jacksonian era and the Reagan Revolution). The Second Founding -- the sole "founding" that we generally speak of -- would become a template for the unique, prototypically American species of politics and political debate. Because of it, American political development occurs only after the political entrepreneurs of each generation lock horns in a Lovers' Quarrel about the principles of one of the Two Foundings, and succeed in justifying and forging a durable expansion or contraction of federal authority.

The Metaphysical Club

Author: Louis Menand
Publisher: Farrar, Straus and Giroux
ISBN: 0374706387
Size: 19.94 MB
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The Metaphysical Club is the winner of the 2002 Pulitzer Prize for History. A riveting, original book about the creation of modern American thought. The Metaphysical Club was an informal group that met in Cambridge, Massachusetts, in 1872, to talk about ideas. Its members included Oliver Well Holmes, Jr., future associate justice of the United States Supreme Court; William James, the father of modern American psychology; and Charles Sanders Peirce, logician, scientist, and the founder of semiotics. The Club was probably in existence for about nine months. No records were kept. The one thing we know that came out of it was an idea -- an idea about ideas. This book is the story of that idea. Holmes, James, and Peirce all believed that ideas are not things "out there" waiting to be discovered but are tools people invent -- like knives and forks and microchips -- to make their way in the world. They thought that ideas are produced not by individuals, but by groups of individuals -- that ideas are social. They do not develop according to some inner logic of their own but are entirely depent -- like germs -- on their human carriers and environment. And they thought that the survival of any idea deps not on its immutability but on its adaptability. The Metaphysical Club is written in the spirit of this idea about ideas. It is not a history of philosophy but an absorbing narrative about personalities and social history, a story about America. It begins with the Civil War and s in 1919 with Justice Holmes's dissenting opinion in the case of U.S. v. Abrams-the basis for the constitutional law of free speech. The first four sections of the book focus on Holmes, James, Peirce, and their intellectual heir, John Dewey. The last section discusses some of the fundamental twentieth-century ideas they are associated with. This is a book about a way of thinking that changed American life.

Constitutionalism And American Culture

Author: Sandra F. VanBurkleo
Publisher: Univ Pr of Kansas
ISBN:
Size: 75.80 MB
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Taking their cue from the late Paul L. Murphy, one of our nation's leading legal historians, this illustrious group of scholars argues that the field of constitutional history is "too important to be left solely to lawyers and judges." Their "state-of-the-field" volume reclaims constitutional history's rightful place as a vital and necessary part of our intellectual enterprise, in part by pushing the field onto fresh, even controversial, terrain.Much as Murphy has done, these scholars contend that this restoration is much needed and will greatly enrich judicial and public policy, advance a tradition of justice worthy of America's democratic aspirations, give due attention to cultural contexts, and, most importantly, afford Americans a richer understanding of their constitutional heritage.Their essays explore, for example, the ways in which previously excluded groups have come more fully into the Constitution's orbit of freedom, the ongoing importance of institutions and doctrines, and the ways in which theory and informal texts might enrich the field. How, they ask, might scholars take account of the lived experiences of litigants, reformers, and lawyers in the forging of constitutional change?A kind of prospectus for the future of American constitutional history, these essays address fundamental questions about the field and its evolution. More important, they persuasively argue that the best way to reinvigorate the study of constitutionalism is to reconnect it to its social and cultural contexts, to appreciate the continuing necessity of archival research, to recognize and support the value of new approaches and perspectives, and to reaffirm in the end that the best way toexplain the history of rights is to remember the courage of the people who had the vision and conviction to put the judges through their constitutional paces.