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American Comparative Law: A History


ISBN13: 9780195369922
Published: December 2022
Publisher: Oxford University Press USA
Country of Publication: USA
Format: Hardback
Price: £81.00



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This book details both the intellectual and social history of American legal rules, institutions, ideology, and culture that had a foreign component, either by import or after 1900 also by export from the United States to other legal systems. Combining legal history and comparative law, the volume proceeds chronologically through seven historical periods. These begin with the religious and cultural diversity that existed in the 13 British colonies and its relevance for legal development, especially involving Roman and natural law.

The legal foundation for the new republic established a golden age for comparative law, followed by the formative era for American law, characterized by a shift from public to private law, territorial expansion, resistance to English law, and interest in codification. German historical jurisprudence and learned law then took hold in the United States after the Civil War.

The twentieth century saw sustained scholarly comparative law. Motivated by idealistic as well as practical concerns, U.S. jurists began to export American legal ideas about law and government, an effort that re-emerged after World War II. Comparatists established a scholarly organization that considered a variety of issues ranging from private international law to comparative legal sociology. The 1990s, a decade of opportunities for comparative law, reflected accelerated globalization following the collapse of the Soviet Union. This, and the later return of nationalism, presented jurists with new challenges in understanding the place for rule of law and other legal transplants among the world's nations. Interest in legal cultures and interdisciplinary methodology aided the inquiry.

Subjects:
Comparative Law, Other Jurisdictions , USA
Contents:
Series Foreword by G. Alan Tarr
Foreword by R. Perry Sentell, Jr.
Acknowledgments
Part one: The History of the Georgia Constitution
Part two: The Georgia Constitution and Commentary
Article I. Bill of Rights
Article II. Voting and Elections
Article III. Legislative Branch
Article IV. Constitutional Boards and Commissions
Article V. Executive Branch
Article VI. Judicial Branch
Article VII. Taxation and Finance
Article VIII. Education
Article IX. Counties and Municipal Corporations
Article X. Amendments to the Constitution
Article XI. Miscellaneous Provisions
Part three: Local Constitutional Amendments in Force and
Appendix A: Amendments Ratified Since 1982
Appendix B: Amendments Rejected Since 1982
Appendix C: Text of Ratified Amendments Since 1982
Bibliographical Essay
Table of Cases
Index