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Heart Versus Head: Judge-Made Law in Nineteenth-Century America - Karsten, Peter
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Karsten, Peter:
Heart Versus Head: Judge-Made Law in Nineteenth-Century America - hardcover

1997, ISBN: 0807823406, Lieferbar binnen 4-6 Wochen Shipping costs:Versandkostenfrei innerhalb der BRD

ID: 9780807823408

Internationaler Buchtitel. In englischer Sprache. Verlag: UNIV OF NORTH CAROLINA PR, 512 Seiten, L=244mm, B=178mm, H=39mm, Gew.=953gr, [GR: 17720 - HC/Recht/Allgemeines, Lexika, Geschichte], [SW: - Legal Reference / Law Profession], Gebunden, Klappentext: 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.Karsten first documents the tendency of jurists, particularly those in the Northeast, to resist arguments to alter rules of property, contract, and tort law. He then contrasts this tendency with a number of judicial innovations--among them the sanctioning of 'deep pocket' jury awards and the creation of the attractive-nuisance rule--designed to protect society's weaker members. In tracing the emergence of a pro-plaintiff, humanitarian jurisprudence of the heart, Karsten necessarily addresses the shortcomings of the reigning, economic-oriented paradigm regarding judicial rulemaking 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, 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.Karsten first documents the tendency of jurists, particularly those in the Northeast, to resist arguments to alter rules of property, contract, and tort law. He then contrasts this tendency with a number of judicial innovations--among them the sanctioning of 'deep pocket' jury awards and the creation of the attractive-nuisance rule--designed to protect society's weaker members. In tracing the emergence of a pro-plaintiff, humanitarian jurisprudence of the heart, Karsten necessarily addresses the shortcomings of the reigning, economic-oriented paradigm regarding judicial rulemaking in nineteenth-century America.

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Heart Versus Head: Judge-Made Law in Nineteenth-Century America (Studies in Legal History). - Karsten, Peter
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Karsten, Peter:
Heart Versus Head: Judge-Made Law in Nineteenth-Century America (Studies in Legal History). - hardcover

1997, ISBN: 9780807823408

ID: 11922745682

Hardcover. Very Good+, Dust Jacket Very Good+., Law, Beige cloth, 490 pages. This book is in very good condition overall; hinges slightly noisy, but otherwise clean & bright internally with a strong binding. Dust Jacket spine lightly sunned, but otherwise very nice, now protected in a mylar cover., Chapel Hill:, [PU: UNC Press,]

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

ISBN: 0807823406

ID: 8012968670

[EAN: 9780807823408], Gebraucht, guter Zustand, [PU: The University of North Carolina Press], 0807823406 Used book, in good condition |No supplements | Normal wear to cover and spine | Page markings | Inventory sticker present | Satisfaction guaranteed!

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Studies in Legal History Judge-Made Law in Nineteenth-Century America Format: Hardcover - Peter Karsten
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Studies in Legal History Judge-Made Law in Nineteenth-Century America Format: Hardcover - new book

ISBN: 0807823406

ID: 4824138192

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Details of the book
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, 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.Karsten first documents the tendency of jurists, particularly those in the Northeast, to resist arguments to alter rules of property, contract, and tort law. He then contrasts this tendency with a number of judicial innovations--among them the sanctioning of 'deep pocket' jury awards and the creation of the attractive-nuisance rule--designed to protect society's weaker members. In tracing the emergence of a pro-plaintiff, humanitarian jurisprudence of the heart, Karsten necessarily addresses the shortcomings of the reigning, economic-oriented paradigm regarding judicial rulemaking in nineteenth-century America.

Details of the book - Heart Versus Head: Judge-Made Law in Nineteenth-Century America


EAN (ISBN-13): 9780807823408
ISBN (ISBN-10): 0807823406
Hardcover
Publishing year: 1997
Publisher: UNIV OF NORTH CAROLINA PR
512 Pages
Weight: 0,953 kg
Language: eng/Englisch

Book in our database since 20.06.2008 18:12:28
Book found last time on 16.04.2014 10:38:51
ISBN/EAN: 9780807823408

ISBN - alternate spelling:
0-8078-2340-6, 978-0-8078-2340-8


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