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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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
Bibliography
159
Index
167
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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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