Heart versus Head: Judge-Made Law in Nineteenth-Century America - Studies in Legal History (Paperback)
  • Heart versus Head: Judge-Made Law in Nineteenth-Century America - Studies in Legal History (Paperback)
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Heart versus Head: Judge-Made Law in Nineteenth-Century America - Studies in Legal History (Paperback)

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£65.50
Paperback 512 Pages / Published: 30/12/2015
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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 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.

Originally published in 1997.

A UNC Press Enduring Edition - UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.

Publisher: The University of North Carolina Press
ISBN: 9781469629056
Number of pages: 512
Dimensions: 235 x 155 mm


MEDIA REVIEWS
"This is must reading for every student of legal history.

Peter C. Hoffer, University of Georgia"


Karsten's direct style makes for an intriguing journey through American courtrooms.

Journal of the Early Republic"


"[Opens] new paths whose pursuit is likely to set the agenda for the field for decades to come.

William P. LaPiana, New York Law School"


A well-researched and thoroughly documented monograph that will be of great value to the student of legal history.

"History: Reviews of New Books"


[P]resents a picture of nineteenth-century law dramatically different from the one developed in the leading historical surveys.

"Journal of American History"


This is must reading for every student of legal history.

Peter C. Hoffer, University of Georgia


YOpens new paths whose pursuit is likely to set the agenda for the field for decades to come.

William P. LaPiana, New York Law School


YPresents a picture of nineteenth-century law dramatically different from the one developed in the leading historical surveys.

"Journal of American History"


[Opens] new paths whose pursuit is likely to set the agenda for the field for decades to come.

William P. LaPiana, New York Law School

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