Dismantling American Common Law: Liberty and Justice in Our Transformed Courts

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Lexington Books, 2007 - Law - 169 pages
The American system of law has experienced a quiet revolution that has gone largely unnoticed by political scientists and legal scholars. The change that has occurred- the abandonment of the common law foundation on which the American judicial system was built-has important consequences for democratic politics in the United States and abroad. Dismantling American Common Law: Liberty and Justice in Our Transformed Courts tracks the development of the American common law through historical and quantitative analysis and a philosophical inquiry of the founding. Author Kyle Scott seeks to reclaim this lost tradition of common law, which was vital as a legitimizing force and consensus-building mechanism at the American founding and will grow in importance for newly democratizing nations around the world.

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I had the pleasure of being a student of Kyle Scott for over a year while in college. His sheer knowledge and passion for the past, present, and future of this country had a profound impact on my life. Anything he took the time to publish is truly worth reading with an open mind and great expectations. I firmly believe that Kyle Scott will be amongst the most important thinkers of his time. Bravo on this book. Brilliant insight.  


Defining the Common Law and Surveying the Literature
Debating the Common Law in America
An Evaluation of the Factors that Have Led to the Dismantling
The Decline in the Use of Juries
Equity Sovereign Immunity and Consequences
Montesquieu as the Intellectual Forerunner

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About the author (2007)

Kyle Scott is assistant professor in the Department of Political Science at the University of North Florida.

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