Heart versus head : judge-made law in nineteenth-century America /
Challenging traditional accounts of the development of American private law, Peter Karsten offers an important new perspective on the making of the rules of common law and equity in nineteenth-century courts. The central story of that era, he finds, was a struggle between a jurisprudence of the head...
| Үндсэн зохиолч: | |
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| Формат: | Licensed eBooks |
| Хэл сонгох: | англи |
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Chapel Hill ; London :
The University of North Carolina Press
[1997]
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| Цуврал: | Studies in legal history.
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| Онлайн хандалт: | https://www.jstor.org/stable/10.5149/9780807862353_karsten |
Агуулга:
- An Introduction to This Tale of Two Voices
- pt. 1. Old Channels and Moorings: A Jurisprudence of the Head. Ch. 1. The Anchors of Precedent, Principle, and Symmetry: Understanding the Jurisprudence of the Head. Ch. 2. Plus ca Change: Contract's Westminster Anchors in Nineteenth-Century America. Ch. 3. On Historical Developments and Barriers to Injured Plaintiffs: Continuity in Tort Law
- Entr'acte. Eddies: A Jurisprudence of the Hand
- pt. 2. Strong Currents: A Jurisprudence of the Heart. Ch. 4. Abandoning an Unneighborly Rule: Putting Out the Ancient-Lights Doctrine. Ch. 5. Bottomed on Justice: Allowing What Her Labor Was Worth to the Worker Who Quit. Ch. 6. Enabling the Poor to Have Their Day in Court: The Sanctioning of Contingency-Fee Contracts. Ch. 7. "Larmoyant" Law: Explaining the Fight over the Attractive-Nuisance Doctrine. Ch. 8. Children at Play and Heroic Risks: Big Holes Punched in the Contributory-Negligence Defense.