Common Law and Natural Law in America: From the Puritans to the Legal Realists (Law and Christianity)
Cambridge University Press, 4/11/2019
EAN 9781108476973, ISBN10: 110847697X
Hardcover, 168 pages, 22.9 x 15.2 x 1.1 cm
Language: English
Speaking to today's flourishing conversations on both law, morality, and religion, and the religious foundations of law, politics, and society, Common Law and Natural Law in America is an ambitious four-hundred-year narrative and fresh re-assessment of the varied American interactions of 'common law', the stuff of courtrooms, and 'natural law', a law built on human reason, nature, and the mind or will of God. It offers a counter-narrative to the dominant story of common law and natural law by drawing widely from theological and philosophical accounts of natural law, as well as primary and secondary work in legal and intellectual history. With consequences for today's natural-law proponents and critics alike, it explores the thought of the Puritans, Revolutionary Americans, and seminal legal figures including William Blackstone, Joseph Story, Christopher Columbus Langdell, Oliver Wendell Holmes, and the legal realists.
1. Puritan natural law
early New England and the colonial colleges
2. Modern natural law
revolutionaries and republicans
3. Organizing common law
William Blackstone in America
4. subsuming natural law into common law
Joseph Story
5. Law as science
Christopher Columbus Langdell
6. Breaking with natural law
Oliver Wendell Holmes and the legal realists
Epilogue
Index.