Amazon.com
Thanks to TV cop shows, most Americans can probably recite the Miranda warnings, but do they know when the warnings do--and do not--apply? Tort reformers cite the $2.7 million in punitive damages a jury awarded a little old lady in Albuquerque when the cup of coffee she had set between her legs spilled and scalded her. These crusaders against "excessive" damage awards do not usually note that the trial judge reduced the award to $480,000, or that the coffee was 20 degrees hotter than competitors' coffee.
The law is all around. People continually invoke their rights, and every year millions of Americans are involved in formal legal proceedings. Yet most people are ignorant of even the basic concepts and organizing principles of U.S. law. Into the breach comes Jay Feinman's engrossing book Law 101: Everything You Need to Know About the American Legal System. Akin to a crash course in the first year of law school, Law 101 is a clearly written, eminently readable guide to the tenets of our legal system. It is structured around basic questions such as "If a contract is unfair, can a court refuse to enforce it?" and replete with clarifying examples--real and hypothetical. In explaining battery, Feinman writes: "If someone consents to a certain bodily invasion, he does not necessarily consent to any bodily invasion, however. When Mike Tyson and Evander Holyfield are in a boxing match, Holyfield has consented to Tyson punching him in the nose ... but he has not consented to Tyson biting off a piece of his ear." Much clearer.
Law 101 won't instruct you on how to write your will or get divorced, but it will educate you at a more systematic level. It is also a great read. --J.R.
Book Description
The best-selling first edition of Law 101 provided readers with a vividly written and indispensable portrait of our nation's legal system. Now, in this revised edition, Jay M. Feinman offers an updated survey of American law, spiced with new anecdotes and cases, and incorporating fresh material on topics ranging from the President's war powers, to intellectual property, standard form contracts, and eminent domain. Here is an exceptionally clear introduction to law, covering the main subjects found in the first year of law school, giving us a basic understanding of how it all works. Readers are introduced to every aspect of the legal system, from constitutional law and the litigation process to tort law, contract law, property law, and criminal law. Feinman illuminates each discussion with many intriguing, outrageous, and infamous cases, from the scalding coffee case that cost McDonald's half a million dollars, to the sensational murder trial in Victorian London that led to the legal definition of insanity, to the epochal decision in Marbury v. Madison that gave the Supreme Court the power to declare state and federal laws unconstitutional. He broadens the reader's legal vocabulary, clarifying the meaning of everything from "due process" and "equal protection" in constitutional law, to the distinction between "murder" and "manslaughter" in criminal law. Perhaps most important, we learn that though the law is voluminous and complex, it is accessible to all. Everyone who wants a better grasp of current legal issues--from students contemplating law school, to journalists covering the legislature or the courts, to fans of Court TV--will find here a wonderful source of information: a complete, clear, and colorful map of the American legal system. "An entertaining and informative introduction to the law.... For journalists, those interested in the law, and fans of television law dramas, this book should be required reading."--Library Journal
Customer Reviews:
Decent Overall Review of Law.......2007-07-12
The book basically does what it claims it's going to do. It gives you a clear and relatively simple overview of the American legal system. Furthermore, it constantly uses Supreme Court cases as a way of showing how certain laws were created and constantly changed over time as standards changed.
The writer doesn't get preachy or starts to discuss complicated theories and philosophies about law. He simply educates the reader on practical matters of our legal system. Some examples include how a typical case reaches the courtroom, the different kind of jobs attorneys and lawyers have, and how to write a legitimate will that will be recognized by law.
Overall, it's a great book for anyone that might be interested in Law School in the future or just someone that wants to be knowledgeable about the basic concepts of law.
excellent introduction to law.......2006-12-06
For those with an interest in learning what the law is all about, this is a really great place to start. As others have mentioned, it will be an excellent choice for those who are contemplating law school or paralegal studies. The author does a great job of condensing important information on a variety of different areas within the law, and making them interesting by putting the material into context with everyday life. Since the author wants to make the point that the law is something that can be accessible and understood by all, the writing is in a user-friendly and very readable style. This book is worthwhile and enjoyable reading for anyone with even the slightest interest in American law.
Initiating - American Law.......2006-11-14
It is an excellent book, even for those who are starting to study American Legal System
Law 101: Everything You Need to Know About the American Legal System.......2006-09-16
This is a great introduction to the different fields of law. This uses recent cases that show now only how the legal field works, but how it has run amuck.
Good so far.......2006-08-23
Before my first year classes started I had read most of the parts that were applicable. The reading definitely gave me some sort of foundation and framework for understanding all the information they throw at you in law school. Some of the reading is a little dry, but compared to some Marshall opinions you'll read for class, this book's a breeze.
Book Description
The American legal system today is the most significant in the world, yet until the publication of Fundamentals of American Law, there has been no book that provides both the basic rules on the theoretical understanding necessary to comprehend. This book is not simply the work of a single author, but a collection of especially written essays, each by an expert in the field, all of whom are on the faculty of New York University School of Law, which is recognized as one of the elite law schools in America and which offers this book as an element of its unique Global Law School Programme. The book is written specifically for foreign lawyers and law students who have a need to deal with American Law generally, but are not seeking to become specialists in any one area. For them, it is vital to understand the basic principles of a wide range of American legal fields so they can act as informed intermediaries between their public or private clients and their American counterparts. The book not only provides the reader with a solid foundation in American law, but will also serve as a basic reference book for the fundamentals, even as some of the details change over the years. Although initially conceived to fill a void for foreign lawyers, the book is also ideally suited for others who have a significant need to understand the basic principles of American Law and to interact with American lawyers. For this reason it will be an ideal course text for students of business, accountancy, political science, or public administration, where the enquiring student will constantly find intersections with the law. The book is more than a compendium of legal principles. Each chapter explains not only what the law is, but why it is that way. It sets forth the policy considerations in institutional factors that produce a particular law so the reader can make an independent judgement about its wisdom and perhaps its adaptibility to other cultures.
Customer Reviews:
Fairly valuable for getting the big picture.......2001-11-19
As a first year law student, and with finals quickly approaching, I was desperate for a book that would help me make sense of it all. I found this book to be pretty helpful. It made me take a step back from what I was studying to get a good look at the overall picture, which is really important. Finals are still about two weeks away, but I'm feeling more confident now. Don't get me wrong... this book is in now way a substitute for test preparation, but it does help you understand why somethings are the way they are.
It is really fundamental.......2000-06-30
This book has helped lawyers from other countries to understand in a better and general way the American legal system. It has an overview of areas such as criminal law, torts, contracts, commercial law, immigration, labor, among others. I recommend this book as an introduction to the legal system for non lawyers or for foreign lawyers.
Book Description
Noted authorities, professors Ralph Reisner and Christopher Slobogin, interpret the legal doctrine relating to the regulation of mental health professions. Their analysis is augmented by coverage of relevant empirical and clinical literature. The relationship between society and the mentally disabled is also explored.
Customer Reviews:
Interesting read...though still a textbook.......2006-04-28
This review relates to the 4th Edition, which has been fairly significantly updated since the last reviewer's post. No doubt about it, this was written to be a textbook, it's fairly dense and packed with information. Yet it's also a pretty interesting read if your course takes the time to go through it. I also recommend the Mental Health and Disability Nutshell (Hermann) as a supplement - however that has not been updated since '97 and while most of the information is accurate, the text does contain topics the nutshell doesn't discuss.
Law & The Mental Health System - A Review.......2001-08-18
Good coveage of the caselaw when it was published in 1998, but much has happened in the mental health area of law since then. The clinical studies and theories were hopelessly outdated when the text was published, and are today so dated as to do a disservice to the reader. Until this text is updated, especially in the clincal areas, I cannot recommend it.
no bones about it..........2000-03-31
this law book is bone dry, and delivers exactly the information, and nothing but the information the authors set out to address-- not a pleasure reading book, but a fascinating read and illuminating subsidiary to my class.
no bones about it..........2000-03-31
this law book is bone dry, and delivers exactly the information, and nothing but the information the authors set out to address-- not a pleasure reading book, but a fascinating read and illuminating subsidiary to my class.
Book Description
Intended for law students, lawyers, and legal scholars from foreign countries; U.S. graduate and undergraduate college students; and members of the general reading public in the United States. For use as the text of an introductory course on U.S. law, as a reference, or for self-study.
Customer Reviews:
Not a sleeping pill.......2005-08-11
Burnhams book on U.S. law and its legal system is great for anyone who wants to learn or study U.S. law. It is comprehensive in that it provides the basics on the most important parts of substantive and procedural law. For foreign law students and jurists in particular it gives a well written and very understandable introduction into U.S. law. Professor Burnham seems to intentionally adress "foreigners" in certain sections explaining the similarities, but also the existing differences between the common law system and the civil law system (as he defines the central European legal system). This makes many topics easier to understand for outsiders. The in depth explanation of the adversary system and its implications for some U.S. particularities is also valuable, as are the guidelines for legal reserch.
Buy this book for starting to learn U.S. law or as a reference book. I grab it now and then just because it actually offers good and informative reading.
(This review is based on the First Edition of the book)
Comprehensive!.......1999-12-14
I have used the Burnham book for five years in my Introduction to American Law class of foreign LL.M students. This is the only book I have found that gives such a comprehensive introduction to American law. It provides an excellent survey. It is at once complete enough to use alone for a course, and at the same time useful as a foundation for special exploration of specific areas of interest.
Review of Intro to the Law and Legal System of the US 1999.......1999-12-14
I have recommended this book to every one of my colleagues who has taught the American legal system course in our London programe. When I heard of the publication of the second edition, I immediately asked my West representative to favor me with a desk copy. The task of finding materials suitable for lawyers pursuing a comparative master's degree at Notre Dame bedeviled me for several years. Almost every introductory text on the American legal system seemed to offer a basic understanding of American history in general and Constitutional history in particular. Books that treated fundamentals of the adversary system, or that described the legal profession or the judicial system, often contained little if any exposition of substantive areas of the law. Materials that described substantive legal areas often anticipated an understanding of the institutional regime that applied the law. The day Burnham's Introduction to the Law and Legal System of the United States crossed my desk was bright indeed. As I scanned the table of contents, I was struck at how it tracked the syllabus of the course I was preparing to teach. Its coverage of legal institutions was complete in five chapters. The basics of criminal and civil procedure were available, and eight additional chapters, each treating a legal subject area, were offered. Professor Burnham imaginatively arranged the material to facilitate coverage via a survey or in much greater depth responding to the background of the students or the amount of time available for the course. The book has now been used on several occasions. The students and I have found it to be a strong asset in learning about the American legal system. The book also serves as a marvelous inexpensive resource for foreign students to carry home with them.
Book Description
In a remarkable book based on prodigious research, Morton J. Horwitz offers a sweeping overview of the emergence of a national (and modern) legal system from English and colonial antecedents. He treats the evolution of the common law as intellectual history and also demonstrates how the shifting views of private law became a dynamic element in the economic growth of the United States.
Horwitz's subtle and sophisticated explanation of societal change begins with the common law, which was intended to provide justice for all. The great breakpoint came after 1790 when the law was slowly transformed to favor economic growth and development. The courts spurred economic competition instead of circumscribing it. This new instrumental law flourished as the legal profession and the mercantile elite forged a mutually beneficial alliance to gain wealth and power.
The evolving law of the early republic interacted with political philosophy, Horwitz shows. The doctrine of laissez-faire, long considered the cloak for competition, is here seen as a shield for the newly rich. By the 1840s the overarching reach of the doctrine prevented further distribution of wealth and protected entrenched classes by disallowing the courts very much power to intervene in economic life.
This searching interpretation, which connects law and the courts to the real world, will engage historians in a new debate. For to view the law as an engine of vast economic transformation is to challenge in a stunning way previous interpretations of the eras of revolution and reform.
Customer Reviews:
What Laissez-Faire?.......2006-01-23
Laissez-Faire means live and let live. In this history by Morton Horwitz, we see that along with the rise of corporatism in America was the demise of laissez-faire through the interventionist hand of the state's judicial system:
Mill owners were allowed by government to destroy other people's property by flood;
Canals and railroads were built by seizing land through "eminent domain";
The right of juries to decide judgements for damages in tort cases was taken from them and given to judges;
Contract labor laws - "if a worker signed a contract to work for a year, and left before the year was up, he was not entitled to any wages, even for the time he had worked. But the courts at the same time said that if a building business broke a contract, it was entitled to be paid for whatever had been done up to that point".
Horwitz shows us that laissez-faire was replaced by corporatism, but he doesn't tell us that because the corporatists label their actions behind a false label, Horwitz rails against their false label rather than the actual label of corporatism that accurately describes their actions: "By the middle of the nineteenth century the legal system had been reshaped to the advantage of men of commerce and industry at the expense of farmers, workers, consumers, and other less powerful groups". Included in these other less powerful groups was the laissez-faire entrepeneur, the sole-proprietor and/or partner(s) in business who were responsible for their actions as businessmen unlike the owners of corporations who hid behind hired managers and the law that held the owners exempt. The worst fraud committed on the American people was the deeming of the corporation as an artificial person with constitutional rights.
Tough nut to crack, yes. But a brilliant work no less........2004-05-15
As one reviewer and the publisher had pointed out, the basic premise of the book is how the common law sought to accommodate the economic changes (and actually sought to allocate wealth) during the formative years of this republic. Some commentators have criticized this book as a Marxian dialectic attack of the American law--in particular from the Chicago School quarters. (Chicago Law Review published a very scathing review in the 70s with the aim, I suspect, to discredit Horwitz's argument) But I thought Professor Horwitz did a wonderful job in supporting his argument with citation and documentation. Is he a revisionst? Maybe. But he's more of an E.P. Thompson than a Howard Zinn. In any event, this book presents a very convincing argument despite its tendentiousness.
P.s. For those of you who want to avoid "legal arcana" or those who want a more eclectic treatment of the development of the American law, I would recommend Lawrence Friedman's History of the American Law.
reviews shouldn't say how hard a book is on the intellect.......2003-03-23
it should say how valuable the knowledge is. The lawyer who said the book is tough-going should be ignored as he addressed no content in the book. He only manipulated several people into not reading the book. What a way to manipulate people into remaining ignorant! Get it from ANY library, read one chapter, and pursue YOUR interest in our wretched government's tyranical tendency! If the 1st chapter hits, buy the book anywhere you want and study it! Be free!
Tough but interesting........1999-06-19
I have both a J.D. and a Ph.D. in American history, and this book is tough sledding for me. In short, the subject matter -- the way judges adapted American law to accommodate economic change in the first half of the nineteenth century -- is interesting, but the reader is dragged through lots of legal arcana _en route_. I don't recommend this title for the faint of heart.
Book Description
Whatever your background, if you seek an understanding of the legal system of the United States, this is the book for you. American Law in a Global Context is an elegant and erudite introduction to the American legal system from a global perspective. It covers the law and lawyering tools taught in the first year of law school, explaining the underlying concepts and techniques of the common law used in U.S. legal practice. The ideas central to the development and practice of American law, as well as constitutional law, contracts, property, criminal law, and courtroom procedure, are all presented in their historical and intellectual contexts, accessible to the novice but with insight that will inform the expert. Actual cases illuminate each major subject, engaging readers in the legal process and the arguments between real people that make American law an ever-evolving system. George P. Fletcher and Steve Sheppard's exciting approach contrasts the American legal system with other legal systems, especially those of continental Europe. This comparison illuminates the core concepts of US law, making them easily understandable to readers from other systems, and offering a unique perspective on American law as part of global network of laws. Designed to help the foreign student grasp the basic ideas of pedagogy, legal institutions, and substantive law in the US, appendices include an introduction to the common law method, instruction on how to read a case, and the interpretation of statutes. Based on the course for lawyers from across the globe studying American law at Columbia University, this cutting edge volume makes the basics of American legal education accessible to students and the public worldwide. A must-own reference source for LLM students, undergraduates, and students of US law in other countries.
Customer Reviews:
BSOS Review Vol. 15 No.7 (July 2005), pp.617-620.......2005-11-15
Reviewed by Kirk A. Randazzo, Department of Political Science, University of Kentucky. Email: Kirk.Randazzo@uky.edu
As scholars of the law increasingly turn their attention to countries beyond the United States, they readily discover significant differences across a myriad of legal issues, including the development of legal doctrine, the application of precedent, and the evolution of the contemporary legal environment. Yet, we often take for granted that individuals will be familiar with the principles of U.S. common law. Thankfully, George Fletcher and Steve Sheppard do not make this assumption. Rather, their book AMERICAN LAW IN A GLOBAL CONTEXT, examines the foundations and evolution of common law in the United States, with an explicit focus on an audience not familiar with these aspects. As they state early on, "these materials grew out of three years' experience teaching cases to the incoming class of LLM students at Columbia University" (p.ix). Though this is not a research oriented text per se, it should be on the reading lists of those individuals contemplating law school, especially individuals with a limited knowledge of American law.
The organization of the book is straightforward, beginning with a general discussion comparing common law to civil law. Then, the authors move into a section on the development of legal authority, which includes chapters on the notion of equality and freedom, due process and federalism. The third section explores the evolution of common law in non-criminal areas, such as property, equity, contract, and tort. Finally, the authors explore common law as it relates to criminal issues. In each chapter, Fletcher and Sheppard begin by providing definitions of various concepts and discussing how they compare to their civil law counterparts. After these discussions, the authors provide actual cases to illustrate the concepts as they are applied in legal decisions. It is obvious that the authors spent a good deal of time identifying appropriate cases for inclusion, as each serves as a good example of the specific concept in question. Additionally, the authors provide numerous open-ended discussion questions after the case illustration to help readers identify key relationships and work through unresolved issues.
For example, in the first chapter on comparing common law to civil law, Fletcher and Sheppard begin with an examination of the writings of Sir Edward Coke and Sir William Blackstone, both considered founders of the English Common Law. To help illustrate the foundations of common law, the authors make reference to the case SCOTT v. SHEPHERD (1773), which involved "trespass and assault for throwing, casting, and tossing a lighted squib at and against the plaintiff, and striking him therewith on the face, and [*618] so burning one of his eyes, that he lost the sight of it" (p.21). After reproducing the case, the authors list a series of questions and comments designed to draw particular attention to important issues. One question asks readers to summarize the legal position of one of the attorneys; another comments on the differences between common law, civil (Roman) law and canon (church) law. These questions and comments are listed in addition to questions pertaining to the disposition of the case. In sum, the use of actual cases and thoughtful questions/comments in this combination helps the reader explore the various nuances of English common law. Consequently, this serves as a suitable introductory chapter. The remaining chapters of the first section explore specific aspects of the civil legal tradition: the prominence of statutes, the use of case law, and the incorporation of scholarly authority; interpretation of various legal concepts, including due process, policy, fairness, reasonableness, deference, and discretion; and finally, an examination of legal reasoning within common law that focuses on deduction and analogy, stare decisis and precedent versus dicta, and statutory interpretation.
The second section, labeled "Constitutional Identity," compares aspects of American common law to their closest match in the European civil law traditions. For example, the authors liken the U.S. Constitution to the "American national code" (p.109) as a way to create a frame of reference for unfamiliar readers. After reproducing the Constitutional text and the Bill of Rights, Fletcher and Sheppard set up a number of pointed questions, such as "the German Basic Law (constitution) begins by claiming that it binds alle stalliche Gewalt (`all state power'). Does this document bind all state power in the United States?" or, "how is the Supreme Court different from a constitutional court on the European continent?" (p.129). These questions compel a reader to think seriously about the interbranch relationships established by the U.S. Constitution, and provide a good comparison to civil law traditions and foundations of authority.
In Chapter Eight, the authors provide an interesting argument on the origins of American common law. They preface the argument by stating that "on many questions of American law, there are two or more answers: the dominant view of the case law of scholarly opinion and many dissenting views" (p.173). They offer this preface to help describe the notion of an "alternative constitution" that began as a dissenting view and evolved into a dominating position. In supporting this argument, the authors note that the Constitution is the third document in a series that established the United States; the first two documents are the Declaration of Independence and the Articles of Confederation. Though the Constitution explicitly replaced the Articles of Confederation as the primary source of law, neither nullified the Declaration of Independence. As such, the authors inquire, "what is the relationship between the Declaration and the Constitution?" (p.173). This question implies that certain ideas exist in a broader legal sense that may not have been explicitly included in the Constitution. While the authors hint an answer through various discussion questions and inclusion of language from the Gettysburg Address, the Reconstruction Amendments, and cases like STRAUDER v. WEST VIRGINIA [*619] (1879) and the CIVIL RIGHTS CASES (1883), they do not explicitly nor extensively discuss the notion of an "alternative constitution." Thus, the reader is left alone to determine the credibility of this argument. Given the potentially serious implications of this contention, I would have preferred a more unambiguous discussion from the authors with their conclusions about the development of the "alternative constitution." And, since the text is oriented toward individuals not familiar with American common law, a more specific discussion of this notion is essential to their understanding of the evolution and development of law in the United States.
The third section explores the evolution of American common law in the non-criminal sense. Twelve chapters are devoted to concepts such as property, contract, tort, and the American civil trial. The chapters in this section succinctly explain the various concepts and provide numerous details and specific cases to fully illustrate particular ideas. Yet, one chapter seems out of place: in Chapter Twenty-Three, the authors explore briefly the law and economics field. However, while the other chapters present relatively objective information, this chapter contains an overt bias against economic models of law. For example, Fletcher and Sheppard state that "economic theorists of law are lumpers rather than splitters. They see similarities but downplay conceptual differences. They blur the meaning of causation, of property, and of liability. . . Arguments of lumping generate a temporary sense of understanding. . . [Yet,] the price of this understanding is a widespread debasing of the language. Without precise language, careful thought and argument come to an end" (p.470).
I do not wish to engage in a debate over the law and economics field, nor point out the numerous contributions these analyses provide (which the authors neglect to discuss in great detail). I mention this chapter simply because its tone is significantly different from the remaining portions of the book. Throughout the text, the authors present information in an unbiased manner. Even the questions at the end of each chapter challenge the reader to formulate an opinion independent of the authors' perspective. Yet, Chapter Twenty-Three deviates from this pattern, instead offering a normative argument against economic legal theories. In a volume that claims to help readers "seek an understanding of the legal system of the United States" (p.3), the overtly biased discussion presented in this chapter seems misplaced.
Finally, to help explain the development of criminal law in the United States, Fletcher and Sheppard rely on the 1987 New York state case, PEOPLE v. BERNHARD GOETZ. This notable incident (at least according to the U.S. news media) involved the shooting of four black youths by Goetz (a white male) on a New York subway. The authors provide an initial description of the facts surrounding this incident, to set the stage for a discussion of several questions, such as "What crimes do you charge against Goetz?" and "How do you defend Goetz against these charges?" In the course of this discussion (which continues across three chapters), the authors focus on a myriad of issues. First, they address the nature of the adversarial system in the United States [*620] and compare it to the historical European inquisitorial system and the more contemporary accusatorial system. Next they discuss various rules of evidence, the jury system, and separation of conviction from sentencing. The authors then conclude this section with a discussion of rules and norms related to self-defense, comparing the evolution of domestic regulations in the United States to the development of international law.
In conclusion, I believe this is a well-written volume that accomplishes its stated goal-to help familiarize readers with the American common law. It is a text that I will strongly encourage my students to read, if they wish to pursue a legal education.
Good introduction.......2005-09-09
American Law In A Global Context is a good introduction to basic principles of American law. It covers most topics studied by law students in their first year of law school, and translates them into short chapters stressing the essential principles. It is interesting to notice that, while the topics treated in the book are very diverse, the authors manage to show links between the different areas of the (complex) American legal system.
I would however only recommend this book to those who have an advanced interest in American law, and look to get (only) the necessary basics to build on. Why? The authors leave the reader with many unanswered questions, be it through an incomplete treatment of the subject (while a lot of basic principles are explained, the treatment of the subjects remain in the end very basic, and it is obvious that the authors had to choose what to insert in their book) or through questions explicitly mentioned after cases or other materials introduced in the book. These (explicitly mentioned) questions are interesting and stimulate the reader who is willing to invest some time to think about these issues, but they can be frustrating to somebody who only wants to be introduced to the basics of American law without having to inquire further.
Hence, it overall is a good read for anyone with a strong interest in the basics of American law.
Amazon.com
Although, in the eyes of many, the law "moves slowly and sluggishly" behind society's advances, Lawrence M. Friedman, in Law in America, a historical overview from colonial times to the present, posits that this is an "illusion." As surely as culture creates law, law creates culture. The American legal system--a bubbling mélange of common ("judge-made") and civil (derived from codes) law--is a "complicated beast," born of thousands of political entities. Originally a "crude and stripped down" descendant of English law, American law in the 19th century was often an instrument of "economic promotion." In the 20th century, with the rise of a national economy, an evermore heterogeneous population, waning federalism, and the rise of what Friedman calls the "administrative-welfare state," the law daily reached further, into the jurisdiction of civil rights of all stripes, product liability, malpractice, and environmental and antitrust considerations. Friedman's chapters on the colonial period and family law are strong, while his look at the contemporary legal climate drifts toward a general discussion of political and social mores. --H. O'Billovich
Book Description
Throughout America’s history, our laws have been a reflection of who we are, of what we value, of who has control. They embody our society’s genetic code. In the masterful hands of the subject’s greatest living historian, the story of the evolution of our laws serves to lay bare the deciding struggles over power and justice that have shaped this country from its birth pangs to the present.
Law in America is a supreme example of the historian’s art, its brevity a testament to the great elegance and wit of its composition.
From the Hardcover edition.
Customer Reviews:
Excellent intro to subject.......2007-05-13
I am a newcomer to this subject and found Prof. Friedman's book informative and approachable. Prior to this, I found reading about law pretty dry and boring compared to science (my usual preference), but this book managed to hold my interest from beginning to end. Taking a historical approach, Prof. Friedman shows how the law reflected changing social conditions and priorities as America evolved from a primitive, farming-based colony to a thriving industrial state. Overall this is a readable and interesting introduction to this important subject.
A nice introduction.......2007-02-12
I am a lawyer working in Australia. I am planning to do more law study in the US later this year, and read this book on the recommendation of a professor. While a section of the book after the introduction is a little straight-forward and essentially like revision for someone familiar with the common law, the book then moves into a very accessible and engaging introduction to some major ideas, landmarks and (more or less) large-scale developments in American law. As such, it was a very useful guide to a lawyer with no real knowledge of American legal history. A nice, quick introduction which would enable the reader to delve deeper subsequently in some of the issues the book discusses.
very well done...relevant and interesting.......2006-12-05
It is remarkable that Friedman can cover so much in such a short book, and he does it with great clarity. Moreover he excels in helping the reader feel connected to the material, making it seem more relevant and interesting. I've wanted to read the thicker Friedman book: A History of American Law, for years now, but have never gotten around to it. This much shorter book is something that can be read and easily digested in just a few days, and it has given me the increased motivation I've needed to commit to diving into Friedman's fatter history of law, as well as his similarly portly history of 20th century American law. This small volume is highly recommended as an introduction to a very engaging writer who has an admirable and extensive talent for clearly explaining the workings of our legal system and its history.
succinct.......2005-08-22
A brilliant survey of American legal history. Be advised that this edition seems to be an abridged version of two greater Lawrence Friedman works, A History of American Law and American Law in the 20th Century and if you're at all intrigued with this kind of work, or if this edition intrigues you, I do highly recommend those volumes.
This particular work is the kind of book you might want to send to family members curious about why you're going/have gone to law school, particularly as Mr. Friedman's prose is clear and quite readable, and won't intimidate people who are new to the law. A good sampler indeed.
American Law in context.......2005-08-07
This pocket book by Lawrence Friedman is a beautifully crafted short history of American Law and the politics behind. It is neither a reference book nor an introduction to U.S. legal history, but a discourse (or journey) on the evolution of law in America. It is very evocative and generates a craving for more (for that there is a nice commented bibliography). Friedman finds space to comment the system ("In a common law system, the judges who write the opinions are crucial and important figures. To be more precise, the law gets made by appellate judges"), its procedures (The overwhelming majority of cases are never appealed to a higher court indeed, the overwhelming majority of controversies never get to the courts at all") and its inhabitants ("Americans, it is said, are more rights conscious than most citizens of other countries; more prone to sue for damages"). If those appears personal views, instead they are thoroughly thought, but supporting evidence should be found elsewhere. While this book is less than 200 pages, the number of issues dealt in the book is impressive, from slavery to punishment, from privacy to how insurance companies and other businesses have waged a campaign against excessive tort liability (famous fabricated horror stories: the psychic who got a million dollars for losing her psychic power; the woman who got millions for spilling hot coffee on herself ; the burglar who was hurt while burglarizing somebody's house, and sued the owners). A highly recommended book for all.
Book Description
This text presents cutting edge contemporary materials, as well as new chapters on Natural Law, Positivism, Gay Legal Rights and Critical Lawyering. The book offers comprehensive coverage of legal theory from traditional to current movements, including new materials on Legal Formalism, Legal Process, Latino Critical, and Queer Critical Theory. Also contains extensive readings and updated and amplified notes, questions, problems, and bibliographies.
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The Supreme Court in American Society Reader: Equal Justice Under Law
Kermit L. Hall
Manufacturer: Routledge
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ASIN: 0815337574 |
Book Description
The essays in this volume represent some of the best writing done about the history, political dynamics, and legal development of the Supreme Court. They remind us that interest in the court as not just a legal but a political and cultural entity has been prodigious. No other court has attracted anything approaching the scholarly attention on the so-called "Marble Palace" in Washington, D.C. Biographers, such as Bernard Schwartz and G. Edward White, remind us that talent on the high bench has made a difference in the growth of judicial power and in adjusting the Constitution to fit emerging social realities.
The essays in this landmark collection deal with the social controversies that have reached the Court and the ways in which the justices attempted to deal with them and the results of their doing so.
The Supreme Court in American Society serves as a powerful reminder of how important the Court has been to American life, how central a role it has played in interpreting the rule of lawagainst a constantly evolving social order, and how much it has mirrored the controversies, debates, and political struggles of American History.
Book Description
When the first volume of Morton Horwitz's monumental history of American law appeared in 1977, it was universally acclaimed as one of the most significant works ever published in American legal history. The New Republic called it an "extremely valuable book." Library Journal praised it as "brilliant" and "convincing." And Eric Foner, in The New York Review of Books, wrote that "the issues it raises are indispensable for understanding nineteenth-century America." It won the coveted Bancroft Prize in American History and has since become the standard source on American law for the period between 1780 and 1860. Now, Horwitz presents The Transformation of American Law, 1870 to 1960, the long-awaited sequel that brings his sweeping history to completion. In his pathbreaking first volume, Horwitz showed how economic conflicts helped transform law in antebellum America. Here, Horwitz picks up where he left off, tracing the struggle in American law between the entrenched legal orthodoxy and the Progressive movement, which arose in response to ever-increasing social and economic inequality. Horwitz introduces us to the people and events that fueled this contest between the Old Order and the New. We sit in on Lochner v. New York in 1905--where the new thinkers sought to undermine orthodox claims for the autonomy of law--and watch as Progressive thought first crystallized. We meet Oliver Wendell Holmes, Jr. and recognize the influence of his incisive ideas on the transformation of law in America. We witness the culmination of the Progressive challenge to orthodoxy with the emergence of Legal Realism in the 1920s and '30s, a movement closely allied with other intellectual trends of the day. And as postwar events unfold--the rise of totalitarianism abroad, the McCarthyism rampant in our own country, the astonishingly hostile academic reaction to Brown v. Board of Education--we come to understand that, rather than self-destructing as some historians have asserted, the Progressive movement was alive and well and forming the roots of the legal debates that still confront us today. The Progressive legacy that this volume brings to life is an enduring one, one which continues to speak to us eloquently across nearly a century of American life. In telling its story, Horwitz strikes a balance between a traditional interpretation of history on the one hand, and an approach informed by the latest historical theory on the other. Indeed, Horwitz's rich view of American history--as seen from a variety of perspectives--is undertaken in the same spirit as the Progressive attacks on an orthodoxy that believed law an objective, neutral entity. The Transformation of American Law is a book certain to revise past thinking on the origins and evolution of law in our country. For anyone hoping to understand the structure of American law--or of America itself--this volume is indispensable.
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An In Depth and Fair Look at Modern Legal History.......2000-11-10
This book is a masterpiece of modern legal history, effectively covering the fall of classicism and the rise and decline of progressivism in legal thought. This second in his series on the American Law is much less controversial than the first, and lends much to the in-depth scrutiny of the individuals behind progressivism in the period surrounding World Wars I and II. This is a must read for any law student with an interest in the foundations of what they learn every day.
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