In this brilliant and immensely readable book, Lawrence M. Friedman tells the whole fascinating story of American law from its beginnings in the colonies to the present day. By showing how close the life of the law is to the economic and political life of the country, he makes a complex subject understandable and engrossing. A History of American Law presents the achievements...
In this brilliant and immensely readable book, Lawrence M. Friedman tells the whole fascinating story of American law from its beginnings in the colonies to the present day. By showing how close the life of the law is to the economic and political life of the country, he makes a complex subject understandable and engrossing. A History of American Law presents the achievements and failures of the American legal system in the context of America's commercial and working world, family practices, and attitudes toward property, government, crime, and justice. Now completely revised and updated, this groundbreaking work incorporates new material regarding slavery, criminal justice, and twentieth-century law. For laymen and students alike, this remains the only comprehensive authoritative history of American law.
原文摘录 · · · · · ·
In short, law had to suit the needs of its customers; it had to be at least in a form that lawyers, as brokers of legal information, could use. What happened to American law in the 19th century, basically, was that it underwent tremendous changes, to conform to the vase increase in numbers of consumers. …………a new set of attitudes developed, in which the primary function of law was not suppression and uniformity, but economic growth and service to its users. In this period, people came to see law, more and more, as a utilitarian tool: a way to protect property and the established order, of course, but beyond that, to further the interest of the middle-class mass, to foster growth, to release and harness the energy latent in the commonwealth: "Dynamic rather than static property, property, i... (查看原文)
In short, law had to suit the needs of its customers; it had to be at least in a form that lawyers, as brokers of legal information, could use. What happened to American law in the 19th century, basically, was that it underwent tremendous changes, to conform to the vase increase in numbers of consumers. …………a new set of attitudes developed, in which the primary function of law was not suppr...(1回应)
2013-06-08 17:39
In short, law had to suit the needs of its customers; it had to be at least in a form that lawyers, as brokers of legal information, could use. What happened to American law in the 19th century, basically, was that it underwent tremendous changes, to conform to the vase increase in numbers of consumers. …………a new set of attitudes developed, in which the primary function of law was not suppression and uniformity, but economic growth and service to its users. In this period, people came to see law, more and more, as a utilitarian tool: a way to protect property and the established order, of course, but beyond that, to further the interest of the middle-class mass, to foster growth, to release and harness the energy latent in the commonwealth: "Dynamic rather than static property, property, in motion or at risk rather than property secure and at rest."引自第114页
In short, law had to suit the needs of its customers; it had to be at least in a form that lawyers, as brokers of legal information, could use. What happened to American law in the 19th century, basically, was that it underwent tremendous changes, to conform to the vase increase in numbers of consumers. …………a new set of attitudes developed, in which the primary function of law was not suppr...(1回应)
2013-06-08 17:39
In short, law had to suit the needs of its customers; it had to be at least in a form that lawyers, as brokers of legal information, could use. What happened to American law in the 19th century, basically, was that it underwent tremendous changes, to conform to the vase increase in numbers of consumers. …………a new set of attitudes developed, in which the primary function of law was not suppression and uniformity, but economic growth and service to its users. In this period, people came to see law, more and more, as a utilitarian tool: a way to protect property and the established order, of course, but beyond that, to further the interest of the middle-class mass, to foster growth, to release and harness the energy latent in the commonwealth: "Dynamic rather than static property, property, in motion or at risk rather than property secure and at rest."引自第114页
In short, law had to suit the needs of its customers; it had to be at least in a form that lawyers, as brokers of legal information, could use. What happened to American law in the 19th century, basically, was that it underwent tremendous changes, to conform to the vase increase in numbers of consumers. …………a new set of attitudes developed, in which the primary function of law was not suppr...(1回应)
2013-06-08 17:39
In short, law had to suit the needs of its customers; it had to be at least in a form that lawyers, as brokers of legal information, could use. What happened to American law in the 19th century, basically, was that it underwent tremendous changes, to conform to the vase increase in numbers of consumers. …………a new set of attitudes developed, in which the primary function of law was not suppression and uniformity, but economic growth and service to its users. In this period, people came to see law, more and more, as a utilitarian tool: a way to protect property and the established order, of course, but beyond that, to further the interest of the middle-class mass, to foster growth, to release and harness the energy latent in the commonwealth: "Dynamic rather than static property, property, in motion or at risk rather than property secure and at rest."引自第114页
In short, law had to suit the needs of its customers; it had to be at least in a form that lawyers, as brokers of legal information, could use. What happened to American law in the 19th century, basically, was that it underwent tremendous changes, to conform to the vase increase in numbers of consumers. …………a new set of attitudes developed, in which the primary function of law was not suppr... (1回应)
1 有用 ValarMorghulis 2017-01-01
系统讲述了从殖民到二十世纪末的美国法史，内容涵盖宪法、产权法、合同法、侵权法、家庭法、商法、刑法、海洋法等。作者认为，从独立到内战的第一阶段中，法律演变的目的是为了改良英国普通法以适应美国的政治经济社会条件，以期释放巨大的生产力。英美体制核心的不同在于美国土地的富裕以及拥有土地的人群的众多，因此产权法经历了许多简化和革新以适应土地流动和广大人群的法律需求。从内战到十九世纪末，法律革新转为协调垄断资... 系统讲述了从殖民到二十世纪末的美国法史，内容涵盖宪法、产权法、合同法、侵权法、家庭法、商法、刑法、海洋法等。作者认为，从独立到内战的第一阶段中，法律演变的目的是为了改良英国普通法以适应美国的政治经济社会条件，以期释放巨大的生产力。英美体制核心的不同在于美国土地的富裕以及拥有土地的人群的众多，因此产权法经历了许多简化和革新以适应土地流动和广大人群的法律需求。从内战到十九世纪末，法律革新转为协调垄断资本和劳工间的经济诉求。作者认为，不能将此阶段一概而论为自由放任，后期的劳工组织带来的反托拉斯、提升行业准入门槛等体现了劳工经济利益出现在政治舞台。二十世纪，最显著的趋势便是联邦政府的增强。作者认为，这是科学技术发展的必然性以及几次战争的偶然性共同导致，一个陌生人社群构成的国家市场需要强大的联邦政府。 (展开)
0 有用 神槍手李太逗 2011-10-17
Vely, vely, gould.
1 有用 Midori 2014-11-11
精读完第一章
0 有用 ZaphodS 2010-12-27
but the lawyers were, in the end, a necessary evil
0 有用 贾四饼 2020-01-10
Prof. Friedman逻辑与论证齐聚，文艺与幽默共存！历史介绍十分详细，众多影响性诉讼阐述具体且深入！
0 有用 贾四饼 2020-01-10
Prof. Friedman逻辑与论证齐聚，文艺与幽默共存！历史介绍十分详细，众多影响性诉讼阐述具体且深入！
1 有用 ValarMorghulis 2017-01-01
系统讲述了从殖民到二十世纪末的美国法史，内容涵盖宪法、产权法、合同法、侵权法、家庭法、商法、刑法、海洋法等。作者认为，从独立到内战的第一阶段中，法律演变的目的是为了改良英国普通法以适应美国的政治经济社会条件，以期释放巨大的生产力。英美体制核心的不同在于美国土地的富裕以及拥有土地的人群的众多，因此产权法经历了许多简化和革新以适应土地流动和广大人群的法律需求。从内战到十九世纪末，法律革新转为协调垄断资... 系统讲述了从殖民到二十世纪末的美国法史，内容涵盖宪法、产权法、合同法、侵权法、家庭法、商法、刑法、海洋法等。作者认为，从独立到内战的第一阶段中，法律演变的目的是为了改良英国普通法以适应美国的政治经济社会条件，以期释放巨大的生产力。英美体制核心的不同在于美国土地的富裕以及拥有土地的人群的众多，因此产权法经历了许多简化和革新以适应土地流动和广大人群的法律需求。从内战到十九世纪末，法律革新转为协调垄断资本和劳工间的经济诉求。作者认为，不能将此阶段一概而论为自由放任，后期的劳工组织带来的反托拉斯、提升行业准入门槛等体现了劳工经济利益出现在政治舞台。二十世纪，最显著的趋势便是联邦政府的增强。作者认为，这是科学技术发展的必然性以及几次战争的偶然性共同导致，一个陌生人社群构成的国家市场需要强大的联邦政府。 (展开)
1 有用 Midori 2014-11-11
精读完第一章
0 有用 神槍手李太逗 2011-10-17
Vely, vely, gould.
0 有用 ZaphodS 2010-12-27
but the lawyers were, in the end, a necessary evil