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Dismantling American Common Law - 9780739123768

Un libro in lingua di Kyle Scott edito da Rowman & Littlefield Pub Inc, 2008

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America's reliance on the British common law system set within the context of certain abstract, inalienable and constitutional rights appears to be undergoing a quiet revolution. Scott (political science, U. of North Florida) maintains that common law has in fact been abandoned, with definite consequences for democratic politics in the US and for US operations abroad. Scott seeks to reclaim the common law system as a legitimizing force and as a consensus-building mechanism. He defines common law and reviews the literature, describes the growth of common law and its decline, describes the historical debates about it, examines the decline of the use of juries and common law's impact on equity, sovereignty and immunity. His chapter on Montesquieu as the intellectual forerunner of the decline of the system is particularly interesting. Annotation ©2008 Book News, Inc., Portland, OR (booknews.com)

Informazioni bibliografiche