000 03408nam a2200373 i 4500
001 9780197653517
003 UK-OxUP
005 20240216142729.0
006 m|||||o d
007 cr |||||||||||
008 220902s2022||||nyu|||||o|||||||||||eng|d
020 _a9780197653517
_qelectronic book
_z9780195369922
_qprint
040 _aUK-OxUP
_beng
_cUK-OxUP
_erda
_epn
050 0 0 _aKF358
_bC43
082 0 _a349.73
100 1 _aClark, David S.
_eauthor
245 1 0 _aAmerican Comparative Law
_bA History
_helectronic
_cDavid S. Clark
246 0 _aUS comparative Law
250 _aFirst Edition
264 1 _aNew York, NY
_bOxford University Press
_c2022
300 _a580 p
_bSome colour
336 _atext
_btxt
_2rdacontent
337 _acomputer
_bc
_2rdamedia
338 _aonline resource
_bcr
_2rdacarrier
490 1 _aOxford scholarship online
500 _aIncludes bibliographical references and index.
505 0 _aContents: Preface – Abbreviations – 1. Legal History and Comparative Law – 2. British Colonization in North America – 3. Legal Foundation for the New Republic: 1776 to 1791 – 4. The Formative Era: 1791–1865 – 5. Historical Jurisprudence and Learned Law: 1865–1900 – 6. The Modern Development: 1900–1945 – 7. Postwar Legal Transplants and Growth of the Academic Discipline: 1945–1990 – 8. Between Globalization and Nationalism: A History of the Future after 1990 – Index
520 3 _aThis book details both the intellectual and social history of American legal rules, institutions, ideology, and culture that had a foreign component, either by import or after 1900 also by export from the United States to other legal systems. Combining legal history and comparative law, the volume proceeds chronologically through seven historical periods. These begin with the religious and cultural diversity that existed in the 13 British colonies and its relevance for legal development, especially involving Roman and natural law. The legal foundation for the new American republic established a golden age for comparative law, followed by the formative era for its law, characterized by a shift from public to private law, territorial expansion, resistance to English law, and interest in codification. German historical jurisprudence and learned law then took hold in the United States after the Civil War. The twentieth century saw sustained scholarly comparative law. Motivated by idealistic as well as practical concerns, U.S. jurists began to export American legal ideas about law and government, an effort that re-emerged after World War II. Comparatists established a scholarly organization that considered a variety of issues ranging from private international law to comparative legal sociology. The 1990s, a decade of opportunities for comparative law, reflected accelerated globalization following the collapse of the Soviet Union. This, and the later return of nationalism, presented jurists with new challenges in understanding the place for rule of law and other legal transplants among the world’s nations. Interest in legal cultures and interdisciplinary methodology aided the inquiry.
650 0 0 _aComparative Law, Law
650 0 0 _xForeign influences, Study and teaching
776 0 8 _iPrint Version
_z9780195369922
830 0 _aOxford Academic
856 4 0 _3Oxford Academic
_uhttps://doi.org/10.1093/oso/9780195369922.001.0001
999 _c7838
_d7838