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Dismantling American common law : liberty and justice in our transformed courts

Author: Kyle Scott
Publisher: Lanham, MD : Lexington Books, ©2007.
Edition/Format:   Print book : EnglishView all editions and formats
"Dismantling American Common Law: Liberty and Justice in Our Transformed Courts tracks the development of American common law through historical and quantitative analysis and provides a philosophical inquiry of its 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  Read more...

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Material Type: Internet resource
Document Type: Book, Internet Resource
All Authors / Contributors: Kyle Scott
ISBN: 9780739123768 0739123769
OCLC Number: 170058159
Description: xv, 169 pages ; 24 cm
Contents: 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.
Responsibility: Kyle Scott.
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Dismantling American Common Law provides new insights into the political implications and philosophical origins of the American common law tradition, the importance of which has largely been ignored  Read more...


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America's abandonment of its original legal-political tradition is a timely topic, given concerns about the judicializing of politics and how to foster the rule of law in our democratic era. The Read more...

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