American Law and the Constitutional Order: Historical Perspectives

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Lawrence Meir Friedman, Harry N. Scheiber
Harvard University Press, Jan 1, 1988 - History - 581 pages
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This is the standard reader in American law and constitutional development. The selections demonstrate that the legal order, once defined by society, helps in molding the various forces of the social life of that society. The essays cover the entire period of the American experience, from the colonies to postindustrial society.

Additions to this enlarged edition include essays by Michael Parrish on the Depression and the New Deal; Abram Chayes on the role of the judge in public law litigation; David Vogel on social regulation; Harry N. Scheiber on doctrinal legacies and institutional innovations in the relation between law and the economy; and Lawrence M. Friedman on American legal history.

  

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Contents

Part One American Legal Culture
1
Notes Toward a History of American Justice
13
Part Nine Crime and Social Control in the Twentieth Century 291
24
Part Two Studies in Colonial Law
27
Law and the Enforcement of Morals in Early America
53
Part Three The Revolution and the New Constitutional Order
67
The Original Understanding
85
Contents
99
The American Civil War as a Constitutional Crisis
219
Reconstruction and the Gilded Age
235
Part Ten Race Relations and the Law
315
Moorfield Storey and the Struggle for Equality
331
Earl Warren and the Brown Decision
343
Part Eleven The Bar and the New Jurisprudence
351
The New Deal Era
375
Public Law the New Property and
393

Part Four Law and the Economy in Antebellum America
107
An Overview of American Land Policy
121
Property Law Expropriation and Resource Allocation by Government
132
The Transformation in the Conception of Property in American Law
142
Part Five Crime Criminal Justice and Violence
163
Violence and Vigilantism in American History
173
Part Six Slavery and the Civil War
201
The Role of the Judge in Public Law Litigation
413
Contents
449
Notes
475
Part Eight Progressivism and the Law 267
534
Contributors
581
Copyright

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About the author (1988)

Lawrence M. Friedman is Marion Rice Kirkwood Professor of Law at Stanford University.

Harry N. Scheiber is Professor of Law, University of California School of Law, Berkeley.

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