| Description |
1 online resource (xv, 490 pages) : illustrations, map. |
| Physical Medium |
polychrome |
| Description |
text file |
| Series |
Studies in legal history
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Studies in legal history.
|
| Bibliography |
Includes bibliographical references (pages 325-473) and indexes. |
| Contents |
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. |
| Access |
Use copy Restrictions unspecified MiAaHDL |
| Summary |
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, which adhered strongly to English precedent, and a jurisprudence of the heart, a humane concern for the rights of parties rendered weak by inequitable rules and a willingness to create exceptions or altogether new rules on their behalf. |
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Karsten unites his legal commentary with recent scholarship on the political culture of antebellum America in exploring the roots of a pro-plaintiff, humanitarian jurisprudence. In the process, he necessarily addresses the shortcomings of earlier, economic-oriented paradigms regarding judicial rulemaking in the nineteenth century - an alleged jurisprudence of the visible or invisible hand - demonstrating that both head and heart guided the making of American common law. |
| Reproduction |
Electronic reproduction. [S.l.] : HathiTrust Digital Library, 2010. MiAaHDL |
| System Details |
Master and use copy. Digital master created according to Benchmark for Faithful Digital Reproductions of Monographs and Serials, Version 1. Digital Library Federation, December 2002. http://purl.oclc.org/DLF/benchrepro0212 MiAaHDL |
| Processing Action |
digitized 2010 HathiTrust Digital Library committed to preserve MiAaHDL |
| Local Note |
eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America |
| Subject |
Judge-made law -- United States -- History -- 19th century.
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Judge-made law. |
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United States. |
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History. |
| Chronological Term |
19th century |
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1800-1899 |
| Genre/Form |
Electronic books.
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History.
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| Added Title |
Judge-made law in 19th century America |
| Other Form: |
Print version: Karsten, Peter. Heart versus head. Chapel Hill, N.C. : University of North Carolina Press, ©1997 0807823406 (DLC) 96043690 (OCoLC)35559232 |
| ISBN |
0807862355 (electronic book) |
|
9780807862353 (electronic book) |
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0807823406 (cloth ; alkaline paper) |
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9780807823408 (cloth ; alkaline paper) |
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