The Creation of American Common Law, 1850–1880: Technology, Politics, and the Construction of CitizenshipCambridge University Press, 2004 M01 12 - 296 páginas This book is a comparative study of the American legal development in the mid-nineteenth century. Focusing on Illinois and Virginia, supported by observations from six additional states, the book traces the crucial formative moment in the development of an American system of common law in northern and southern courts. The process of legal development, and the form the basic analytical categories of American law came to have, are explained as the products of different responses to the challenge of new industrial technologies, particularly railroads. The nature of those responses was dictated by the ideologies that accompanied the social, political, and economic orders of the two regions. American common law, ultimately, is found to express an emerging model of citizenship, appropriate to modern conditions. As a result, the process of legal development provides an illuminating perspective on the character of American political thought in a formative period of the nation. |
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... duties of legal actors were similarly made uni- form . In the English system ... universal duty that was the hallmark of American com- mon law in the ... universal set of duties , equally applicable to everyone regardless of his or her ...
... duties of legal actors were similarly made uni- form . In the English system ... universal duty that was the hallmark of American com- mon law in the ... universal set of duties , equally applicable to everyone regardless of his or her ...
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... duties of workers to avoid injury and to ensure the diligence and efficiency of other workers , the duties of ... universal duties . And where the earlier inquiry began with the conduct of the defendant and the harms that conduct may ...
... duties of workers to avoid injury and to ensure the diligence and efficiency of other workers , the duties of ... universal duties . And where the earlier inquiry began with the conduct of the defendant and the harms that conduct may ...
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... universal duties of American common law repre- sented the legal construction of a model of citizenship that was liberal and inclusive in its universality and its legal equality , but simultaneously re- publican and exclusive in its ...
... universal duties of American common law repre- sented the legal construction of a model of citizenship that was liberal and inclusive in its universality and its legal equality , but simultaneously re- publican and exclusive in its ...
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Contenido
2 | |
14 | |
Illinois We Were Determined to Have a RailRoad | 45 |
The Memory of Man Runneth Not to the Contrary Cases Involving Damage to Property | 64 |
Intelligent Beings Cases Involving Injuries to Persons | 91 |
The North Ohio Vermont and New York | 119 |
Virginia through the 1850s The Last Days of Planter Rule | 148 |
The Common Law of Antebellum Virginia The Preservation of Status | 169 |
Virginias Version of American Common Law Old Wine in New Bottles | 195 |
The South Georgia North Carolina and Kentucky | 227 |
Legal Change and Social Order | 260 |
274 | |
280 | |
Index | 292 |
Otras ediciones - Ver todas
The Creation of American Common Law, 1850–1880: Technology, Politics, and ... Howard Schweber Vista previa limitada - 2004 |
The Creation of American Common Law, 1850-1880: Technology, Politics, and ... Howard Schweber Sin vista previa disponible - 2011 |
The Creation of American Common Law, 1850-1880: Technology, Politics, and ... Howard Schweber Sin vista previa disponible - 2004 |
Términos y frases comunes
adopted American common law analysis antebellum appeal apply argued argument bailments Breese cars cattle chapter Chicago citizens claims collision common carriers common law doctrines conduct Constitution construction contract contributory negligence corporations damages defendant defined Democrats duties of care duties owed economic elites employees English fact fellow-servant rule fence governing Hazzard idea Illinois Illinois Supreme Court industrial injury interests involving ISHA file issue judges jury jury instructions Justice labor lawyers legal development legal doctrines legislature liability modern nineteenth century North Carolina northern obligations Ohio ordinary parties passengers persons plaintiff population property rights public duties question R.R. Co rail lines railroad company relationship republican Richmond road rule of contributory salus populi Scates Sidney Breese slaveowners slavery slaves social South southern southern courts speed standards statute strict liability system of common tion tort track train trespass universal duties Vermont Virginia Supreme Court virtues Whig Yarwood York