Dismantling American Common Law: Liberty and Justice in Our Transformed CourtsThe 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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Contents
Defining the Common Law and Surveying the Literature | 1 |
Debating the Common Law in America | 15 |
An Evaluation of the Factors that Have Led to the Dismantling | 37 |
The Decline in the Use of Juries | 57 |
Equity Sovereign Immunity and Consequences | 77 |
Montesquieu as the Intellectual Forerunner | 109 |
Conclusion | 153 |
| 159 | |
| 167 | |
Other editions - View all
Dismantling American Common Law: Liberty and Justice in Our Transformed Courts Kyle Scott Limited preview - 2007 |
Dismantling American Common Law: Liberty and Justice in Our Transformed Courts Kyle Scott No preview available - 2008 |
Common terms and phrases
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Bibliographic information
| Title | Dismantling American Common Law: Liberty and Justice in Our Transformed Courts |
| Author | Kyle Scott |
| Publisher | Lexington Books, 2007 |
| ISBN | 0739123769, 9780739123768 |
| Length | 169 pages |
| Subjects | › › Law / Common Law / Courts Law / Government / General Political Science / American Government / Judicial Branch |
| Export Citation | BiBTeX EndNote RefMan |