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A History of American Law最新文献

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The Legal Profession: The Training and Literature of Law 法律职业:法律的培养与文献
A History of American Law Pub Date : 2019-08-29 DOI: 10.1093/oso/9780190070885.003.0020
Lawrence M. Friedman
{"title":"The Legal Profession: The Training and Literature of Law","authors":"Lawrence M. Friedman","doi":"10.1093/oso/9780190070885.003.0020","DOIUrl":"https://doi.org/10.1093/oso/9780190070885.003.0020","url":null,"abstract":"This chapter discusses changes in the legal profession in the second half of the nineteenth century, covering the rise of the law school, the literature of the law, and legal periodicals and casebooks. No state in the nineteenth century made a law degree, or a college degree, a prerequisite for admission to the bar. Many lawyers, however, even in the 1850s, did go to college, and more and more students who could afford it chose law school as well. Indeed, by 1900 it was quite clear that the law schools would come to dominate legal education. After the Civil War, an increasing number of law schools formed some sort of tie with a college or university. More than three-quarters of the schools open and running in the 1890s were of this type.","PeriodicalId":203026,"journal":{"name":"A History of American Law","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123000052","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
An American Law of Property 美国财产法
A History of American Law Pub Date : 2019-08-29 DOI: 10.1093/oso/9780190070885.003.0006
L. Friedman
{"title":"An American Law of Property","authors":"L. Friedman","doi":"10.1093/oso/9780190070885.003.0006","DOIUrl":"https://doi.org/10.1093/oso/9780190070885.003.0006","url":null,"abstract":"This chapter discusses the history of American property law, covering the law of private land, the law of mortgages, succession, and intellectual property. In America, land was at first the basic form of wealth, in the colonies and also in the new land west of the coastal strip. After 1787, the vast stock of public land was both a problem and a great opportunity. The states transferred millions and millions of acres to the national government. The Louisiana Purchase brought millions more into national ownership. Much of this land did not clearly belong to the government—there were state claims, claims of native tribes, and early land grants. Untangling this mess was a serious, and long-lasting problem. Nonetheless, the federal domain, even taking all these conflicting claims into account, was vast.","PeriodicalId":203026,"journal":{"name":"A History of American Law","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132131240","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Outposts of the Law: The Frontier and the Civil-Law Fringe 法律的前哨:边疆与民法边缘
A History of American Law Pub Date : 2019-08-29 DOI: 10.1093/oso/9780190070885.003.0003
L. Friedman
{"title":"Outposts of the Law: The Frontier and the Civil-Law Fringe","authors":"L. Friedman","doi":"10.1093/oso/9780190070885.003.0003","DOIUrl":"https://doi.org/10.1093/oso/9780190070885.003.0003","url":null,"abstract":"This chapter discusses the history of American frontier law. The new nation faced the problem of how to deal with the western lands. Some of the states had huge, vague, and vast claims to chunks of western land, stretching out far beyond the pale of settlement; other states did not. The Ordinance of 1787 dealt with the issue of governance and the future of the western lands. It set basic law for a huge area of forest and plain that became the states of Ohio, Indiana, Illinois, Michigan, and Wisconsin. The Ordinance of 1790 extended the influence of the Northwest Ordinance into what became the state of Tennessee.","PeriodicalId":203026,"journal":{"name":"A History of American Law","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133189113","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Judges and Courts: 1850–1900 法官和法院:1850-1900
A History of American Law Pub Date : 2019-08-29 DOI: 10.1093/oso/9780190070885.003.0011
L. Friedman
{"title":"Judges and Courts: 1850–1900","authors":"L. Friedman","doi":"10.1093/oso/9780190070885.003.0011","DOIUrl":"https://doi.org/10.1093/oso/9780190070885.003.0011","url":null,"abstract":"This chapter discusses judiciary changes in the second half of the nineteenth century. After the middle of the century, the popular election of judges was more and more accepted as normal. Every state that entered the Union after 1846 gave voters the right to elect some or all of their judges. The California Constitution of 1849 made the whole system elective, from the supreme court down to justices of the peace. In the year 1850 alone, seven states amended their laws to provide for more popular election of judges. In 1850, both the Michigan and Pennsylvania supreme courts turned elective. In 1853, the voters of Tennessee approved a constitutional amendment; and from 1854 on, Tennessee abolished what one newspaper called a “relic of by-gone days,” the days of “repressive monarchy”; the supreme court of Tennessee became an elective body.","PeriodicalId":203026,"journal":{"name":"A History of American Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124355464","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Law and the Economy: 1776–1850 《法律与经济:1776-1850
A History of American Law Pub Date : 2019-08-29 DOI: 10.1093/oso/9780190070885.003.0004
L. Friedman
{"title":"Law and the Economy: 1776–1850","authors":"L. Friedman","doi":"10.1093/oso/9780190070885.003.0004","DOIUrl":"https://doi.org/10.1093/oso/9780190070885.003.0004","url":null,"abstract":"This chapter focuses on regulation in the early nineteenth century. The nineteenth century is considered the high noon of laissez-faire. Government, by habit and design, kept its hands off the economy and let the market do its magic. The first half of the century, in particular, was strongly pro-enterprise, pro-growth. The aim of public policy was the release of creative energy and that meant economic energy, enterprise energy. Government reflected what its constituents wanted. It did what it could to boost the economy, which could mean subsidy or outright intervention. Government intervention, or government regulation, primarily meant the states, not the federal government.","PeriodicalId":203026,"journal":{"name":"A History of American Law","volume":"8 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128250604","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Internal Legal Culture in the Twentieth Century: Lawyers, Judges, and Law Books 20世纪的内部法律文化:律师、法官和法律书籍
A History of American Law Pub Date : 2019-08-29 DOI: 10.1093/oso/9780190070885.003.0024
L. Friedman
{"title":"Internal Legal Culture in the Twentieth Century: Lawyers, Judges, and Law Books","authors":"L. Friedman","doi":"10.1093/oso/9780190070885.003.0024","DOIUrl":"https://doi.org/10.1093/oso/9780190070885.003.0024","url":null,"abstract":"This chapter discusses changes in the legal profession in the twentieth century, covering legal ethics, the organized bar, legal education, legal literature, and the twentieth century bench. The dominant theme of the twentieth century was growth, and nowhere was this more evident that in the legal profession itself. At the beginning of the century, there were some 100,000 lawyers in the country. At the end of the century, there were about a million—the population had more or less doubled, but the number of lawyers had increased by a factor of ten. This growth process had accelerated in the last part of the century; in the early 1980s, there were about 600,000 lawyers—400,000 more joined their ranks in the next generation.","PeriodicalId":203026,"journal":{"name":"A History of American Law","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133560018","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Law of Commerce and Trade 商业和贸易法
A History of American Law Pub Date : 2019-08-29 DOI: 10.1093/oso/9780190070885.003.0007
L. Friedman
{"title":"The Law of Commerce and Trade","authors":"L. Friedman","doi":"10.1093/oso/9780190070885.003.0007","DOIUrl":"https://doi.org/10.1093/oso/9780190070885.003.0007","url":null,"abstract":"This chapter discusses the history of American commercial law covering the admiralty and general commerce, sale of goods, bankruptcy and insolvency, and contract. American commercial law was deeply and persistently in debt to England. Theoretically, even national sovereignty was no barrier. The laws of admiralty, marine insurance, commercial paper, and sale of goods were not, supposedly, parochial law, English law; they were part of an international body of rules. The law of sales of goods developed greatly in the first half of the nineteenth century. Many, if not most, of the leading cases were English and were adopted in the United States fairly rapidly. Two strains of law—contract and the law merchant—each with a somewhat different emphasis, were more or less godparents of the law of sales.","PeriodicalId":203026,"journal":{"name":"A History of American Law","volume":"98 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133363939","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Blood and Gold: Some Main Themes in the Law in the Last Half of the Nineteenth Century 血与金:19世纪下半叶法律的几个主题
A History of American Law Pub Date : 2019-08-29 DOI: 10.1093/oso/9780190070885.003.0010
L. Friedman
{"title":"Blood and Gold: Some Main Themes in the Law in the Last Half of the Nineteenth Century","authors":"L. Friedman","doi":"10.1093/oso/9780190070885.003.0010","DOIUrl":"https://doi.org/10.1093/oso/9780190070885.003.0010","url":null,"abstract":"This chapter discusses changes in American law during the second half of the nineteenth century, covering organic law, state constitutions, and the West. The last half of the nineteenth century was crowded with events and evolutions, the most dramatic of which was the great Civil War. In many ways, wars fundamentally disrupt the operation of the legal system. The Civil War was unusually violent, and it did unusual violence to the ordinary course of justice. It was also a constitutional crisis: the Confederate states had renounced the union, declared themselves independent, and drafted their own constitution. But the war was, in a way, only an interlude. Underneath and around it and before it and after it, vast processes were changing society in fundamental ways. Changes in American law, between 1850 and 1900, were little short of revolutionary. In many fields, the law or the practice looked very different at the end of this period, compared to the beginning.","PeriodicalId":203026,"journal":{"name":"A History of American Law","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114773632","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
[Untitled] (无标题的)
A History of American Law Pub Date : 2019-08-29 DOI: 10.1093/oso/9780190070885.003.0001
L. Friedman
{"title":"[Untitled]","authors":"L. Friedman","doi":"10.1093/oso/9780190070885.003.0001","DOIUrl":"https://doi.org/10.1093/oso/9780190070885.003.0001","url":null,"abstract":"The colonial period is, for most lawyers and laymen, the dark ages of American law. When an American lawyer faces a legal problem, she normally considers two sources of legal authority—statutes and published cases. The typical American lawyer has probably never seen, dealt with, or even heard of any cases or statutes from the colonial period. There is a good reason why. Until well after independence, there were no handy and accessible collections of colonial cases and statutes. Even now, only scattered collections of colonial cases have ever been published. Many colonial statutes survive only in ancient or rare editions. ...","PeriodicalId":203026,"journal":{"name":"A History of American Law","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132038651","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Crime and Punishment 罪与罚
A History of American Law Pub Date : 2019-08-29 DOI: 10.1093/oso/9780190070885.003.0019
L. Friedman
{"title":"Crime and Punishment","authors":"L. Friedman","doi":"10.1093/oso/9780190070885.003.0019","DOIUrl":"https://doi.org/10.1093/oso/9780190070885.003.0019","url":null,"abstract":"This chapter discusses the development of criminal law in the second half of the nineteenth century, covering the statute law of crimes, crime rates, insanity, punishment and correction, and victimless crimes. The formal criminal law in the late nineteenth century was by and large a matter of statute. The concept of the common-law crime had been wiped out in federal law. The concept also decayed on the state level. As of 1900, some states still technically recognized the possibility of a common-law crime. Other states, by statute, had specifically abolished the concept. Only acts listed in the penal code were crimes, and nothing else. In some states, the courts construed their penal codes as (silently) abolishing common-law crime. Where the concept survived, it was hardly ever used; the penal codes were as a practical matter complete and exclusive—the total catalog of crime.","PeriodicalId":203026,"journal":{"name":"A History of American Law","volume":"75 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126288589","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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