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Heart versus head : judge-made law in nineteenth-century America / Peter Karsten.

By: Material type: TextTextSeries: Studies in legal historyPublisher: Chapel Hill ; London : The University of North Carolina Press, [1997]Copyright date: �1997Description: 1 online resource (xv, 490 pages) : illustrations, mapContent type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 0807862355
  • 9780807862353
  • 9781469629063
  • 1469629062
Other title:
  • Judge-made law in 19th century America
Subject(s): Genre/Form: Additional physical formats: Print version:: Heart versus head.DDC classification:
  • 347.73 347.307 20
LOC classification:
  • KF4575 .K37 1997eb
Other classification:
  • 86.13
  • 86.13.
Online resources:
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.
Action note:
  • digitized 2010 committed to preserve
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.Summary: 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.
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Includes bibliographical references (pages 325-473) and indexes.

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.

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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 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.

Electronic reproduction. [Place of publication not identified] : HathiTrust Digital Library, 2010. MiAaHDL

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. MiAaHDL

http://purl.oclc.org/DLF/benchrepro0212

digitized 2010 HathiTrust Digital Library committed to preserve pda MiAaHDL

Online resource (HeinOnline, viewed August 30, 2016).

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