The Rise & Fall of Classical Legal ThoughtBeard Books, 2006 - 273ÆäÀÌÁö Legal historian G. Edward White recently described it as the "most widely circulated and cited unpublished manuscript in twentieth-century American legal scholarship since Hart & Sacks' Legal Process materials." It began the re-evaluation of law in the Gilded Age, and gave it its current name of Classical Legal Thought. It was also one of the first and most influential of the works that introduced European critical theory and structuralism into the study of American law. This reprint comes with a substantial new Introduction that puts the work in context and relates it to current scholarship in the field. It should interest historians generally as well as readers curious about how our legal system got its special modern character -- |
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1 | |
PreClassical Public Law | 31 |
Property | 93 |
The Transformation of Contract | 157 |
The Integration of Classical Legal Thought | 242 |
BIBLIOGRAPHY | 265 |
INDEX | 271 |
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absolute abstract action alienation American analogy applied argument assent assumpsit autonomy breach chapter citizen Civil claim Classical legal thought clause common law conflict contract contract law contradiction copula courts deduction defined definition distinction doctrine duties economic enforce equity existence federal formal Fourteenth Amendment Holmes idea ideal implied intent implied limitations integration judge judicial jurisdiction justice Kent law of persons law rules legal actors legal consciousness legal rights legal rules legal thinkers legislative power legislature liability without fault liberality marriage ment modern legal Morton Horwitz natural rights notion objective objectivism obligation operative particular parties political pre-Classical legal thought principles private law problem promise protection public law quasi-contract question real property reason regulation relation relationship restraints restraints on alienation rights and powers Rise and Fall role sense social sovereign sovereignty sphere status structure subsystem technical theory tion tort treatise vested rights
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59 ÆäÀÌÁö - To lay with one hand the power of the government on the property of the citizen, and with the other to bestow it upon favored individuals to aid private enterprises and build up private fortunes, is none the less a robbery because it is done under the forms of law and is called taxation.
10 ÆäÀÌÁö - Under that provision no State can deprive any person of life, liberty or property without due process of law. The right to purchase or to sell labor is part of the liberty protected by this amendment, unless there are circumstances which exclude the right.
14 ÆäÀÌÁö - Statutes of the nature of that under review, limiting the hours in which grown and intelligent men may labor to earn their living, are mere meddlesome interferences with the rights of the individual...
34 ÆäÀÌÁö - The general government, and the States, although both exist within the same territorial limits, are separate and distinct sovereignties, acting separately and independently of each other, within their respective spheres. The former in its appropriate sphere is supreme; but the States within the limits of their powers not granted, or, in the language of the Tenth Amendment, "reserved," are as independent of the general government as that government within its sphere is independent of the States.
64 ÆäÀÌÁö - We feel no hesitation in confining these expressions to those privileges and immunities which are, in their nature, fundamental; which belong, of right, to the citizens of all free governments; and which have, at all times, been enjoyed by the citizens of the several states which compose this Union, from the time of their becoming free, independent, and sovereign.
64 ÆäÀÌÁö - What these fundamental principles are, it would perhaps be more tedious than difficult to enumerate. They may, however, be all comprehended under the following general heads : protection by the government; the enjoyment of life and liberty, with the right to acquire and possess property of every kind, and to pursue and obtain happiness and safety ; subject nevertheless to such restraints as the government may justly prescribe for the general good of the whole.
53 ÆäÀÌÁö - It must be conceded that there are such rights in every free government beyond the control of the State. A government which recognized no such rights, which held the lives, the liberty, and the property of its citizens subject at all times to the absolute disposition and unlimited control of even the most democratic depository of power, is after all but a despotism.
11 ÆäÀÌÁö - Amendment would have no efficacy and the legislatures of the states would have unbounded power, and it would be enough to say that any piece of legislation was enacted to conserve the morals, the health, or the safety of the people; such legislation would be valid, no matter...
160 ÆäÀÌÁö - Implied, are such as reason and justice dictate, and which, therefore, the law presumes that every man undertakes to perform.
90 ÆäÀÌÁö - We hold these truths to be self-evident, that all men are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty and the pursuit of happiness...