American Law and the Constitutional Order: Historical Perspectives
Lawrence Meir Friedman, Harry N. Scheiber
This is the standard reader in American law and constitutional development. The selections demonstrate that the legal order, once defined by society, helps in molding the various forces of the social life of that society. The essays cover the entire period of the American experience, from the colonies to postindustrial society. Additions to this enlarged edition include essays by Michael Parrish on the Depression and the New Deal; Abram Chayes on the role of the judge in public law litigation; David Vogel on social regulation; Harry N. Scheiber on doctrinal legacies and institutional innovations in the relation between law and the economy; and Lawrence M. Friedman on American legal history. |
Contents
Part One American Legal Culture
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1 |
Notes Toward a History of American Justice
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13 |
Part Nine Crime and Social Control in the Twentieth Century 291
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24 |
Part Two Studies in Colonial Law
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27 |
The Legal Heritage of Plymouth Colony
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38 |
Law and the Enforcement of Morals in Early America
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53 |
Part Three The Revolution and the New Constitutional Order
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67 |
The Original Understanding
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85 |
Reconstruction and the Gilded Age
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235 |
The Chicago Case
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304 |
Part Ten Race Relations and the Law
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315 |
Moorfield Storey and the Struggle for Equality
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331 |
Earl Warren and the Brown Decision
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343 |
Part Eleven The Bar and the New Jurisprudence
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351 |
The New Deal Era
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375 |
Public Law the New Property and
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393 |
Contents
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99 |
Part Four Law and the Economy in Antebellum America
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107 |
An Overview of American Land Policy
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121 |
Part Five Crime Criminal Justice and Violence
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163 |
Violence and Vigilantism in American History
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173 |
Part Six Slavery and the Civil War
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201 |
The American Civil War as a Constitutional Crisis
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219 |
The Role of the Judge in Public Law Litigation
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413 |
Contents
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449 |
Past and Present
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464 |
Notes
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475 |
Part Eight Progressivism and the Law 267
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534 |
Contributors 581
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