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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

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Law's History: American Legal Thought and the Transatlantic Turn to History

ISBN13: 9780521761918
Published: May 2013
Publisher: Cambridge University Press
Country of Publication: USA
Format: Hardback
Price: £67.00

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This is a study of the central role of history in late nineteenth-century American legal thought. In the decades following the Civil War, the founding generation of professional legal scholars in the United States drew from the evolutionary social thought that pervaded Western intellectual life on both sides of the Atlantic. Their historical analysis of law as an inductive science rejected deductive theories and supported moderate legal reform, conclusions that challenge conventional accounts of legal formalism. Unprecedented in its coverage and its innovative conclusions about major American legal thinkers from the Civil War to the present, the book combines transatlantic intellectual history, legal history, the history of legal thought, historiography, jurisprudence, constitutional theory and the history of higher education.

Legal History, Other Jurisdictions , USA
Introduction: the historical study of law in the United States

Part I. The European Background
1. The historical nineteenth century
2. German legal scholarship
3. English legal scholarship: Sir Henry Maine

Part II. The Historical Turn in American Legal Scholarship
4. Henry Adams and his students: the origins of professional legal history in America
5. Melville M. Bigelow: from the history of Norman Procedure to protorealism
6. Holmes the historian
7. Thayer on the history of evidence
8. Ames on the history of the common law
9. The history of American constitutional law
10. The historical school of American jurisprudence

Part III. Maitland, Pound, and Pound's Successors
11. Maitland: the maturity of English legal history
12. Pound: from historical to sociological jurisprudence
13. Pound's successors: twentieth-century interpretations of late nineteenth-century American legal thought.