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
able according action administrative adoption agency allows Amendment American analysis applied authority become Blackstone Book branch bring chapter civil codification Coke commission common law system concern conclusion Constitution created crime custom debate decided decisions direction discussion effects effort equity established fact factors federal Federalist findings followed force give given granted Growth Hamilton hands human immunity important increase influence institutions interest interpretation issue judges judicial judiciary jurisdiction jury trials justice law and equity lead legislative legislature less liberty limited Louis matter means method moderate Montesquieu natural original political positive precedent principles procedure protect question reason recognized reforms rely remedy require restricted result role Roman rule says sense sentencing separation serve statute Supreme Court tion tradition understanding uniform United variables writes
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 |