The decline of natural law : how American lawyers once used natural law and why they stopped (Book, 2021) [WorldCat.org]
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The decline of natural law : how American lawyers once used natural law and why they stopped

Author: Stuart Banner
Publisher: New York, NY : Oxford University Press, [2021] ©2021
Edition/Format:   Print book : EnglishView all editions and formats
Summary:
"Before the late 19th century, natural law played an important role in the American legal system. Lawyers routinely used it in their arguments and judges often relied upon it in their opinions. Today, by contrast, natural law plays virtually no role in the legal system. When natural law was part of a lawyer's toolkit, lawyers thought of judges as finders of the law, but when natural law dropped out of the legal  Read more...
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Additional Physical Format: Online version:
Banner, Stuart, 1963-
Decline of natural law.
New York, NY : Oxford University Press, 2021
(DLC) 2020043256
(OCoLC)1198087548
Document Type: Book
All Authors / Contributors: Stuart Banner
ISBN: 9780197556498 0197556493
OCLC Number: 1198085930
Description: vii, 255 pages ; 25 cm
Contents: Part I: Before the transition --
The law of nature --
The common law --
Part II: Causes of the transition --
The adoption of written constitutions --
The separation of law and religion --
The explosion in law publishing --
The two-sidedness of natural law --
Part III: The transition and after --
The decline of natural law and custom --
Substitutes for natural law --
Echoes of natural law.
Responsibility: Stuart Banner.

Abstract:

"Before the late 19th century, natural law played an important role in the American legal system. Lawyers routinely used it in their arguments and judges often relied upon it in their opinions. Today, by contrast, natural law plays virtually no role in the legal system. When natural law was part of a lawyer's toolkit, lawyers thought of judges as finders of the law, but when natural law dropped out of the legal system, lawyers began thinking of judges as makers of the law instead. The Decline of Natural Law explores the causes and consequences of this change. It discusses the ways in which lawyers used natural law and why the concept seemed reasonable to them. It examines several long-term trends in legal thought that weakened the position of natural law, including the use of written constitutions, the gradual separation of the spheres of law and religion, the rapid growth of legal publishing, and the position of natural law in some of the 19th century's most contested legal issues. It describes the profession's rejection of natural law in the late 19th and early 20th centuries. And it explores the ways in which the legal system responded to the absence of natural law"--

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