Download e-book for kindle: Heart versus Head: Judge-Made Law in Nineteenth-Century by Peter Karsten

By Peter Karsten

tough conventional money owed of the advance of yankee inner most legislation, Peter Karsten bargains an enormous new standpoint at the making of the principles of universal legislations and fairness in nineteenth-century courts. The important tale of that period, he reveals, was once a fight among a jurisprudence of the top, which adhered strongly to English precedent, and a jurisprudence of the guts, a humane quandary for the rights of events rendered vulnerable by way of inequitable principles and a willingness to create exceptions or altogether new principles on their behalf. Karsten first records the tendency of jurists, relatively these within the Northeast, to withstand arguments to change principles of estate, agreement, and tort legislations. He then contrasts this tendency with a couple of judicial innovations--among them the sanctioning of 'deep pocket' jury awards and the production of the attractive-nuisance rule--designed to guard society's weaker participants. In tracing the emergence of a pro-plaintiff, humanitarian jurisprudence of the center, Karsten inevitably addresses the shortcomings of the reigning, economic-oriented paradigm concerning judicial rulemaking in nineteenth-century America.

Originally released in 1997.

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Heart versus Head: Judge-Made Law in Nineteenth-Century America (Studies in Legal History) by Peter Karsten

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