[PDF] Historical Law Tracts By H Home Lord Kames eBook

Author : Lord Henry Home Kames
Publisher : The Lawbook Exchange, Ltd.
Page : 480 pages
File Size : 28,68 MB
Release : 2000
Category : Law
ISBN : 1584770384

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In this celebrated treatise, Lord Kames proposes the concept of a historical treatment of law as a "rational science" and sets forth the methodology and order of such...From this perspective, the fourteen tracts cover the history of criminal law, promises and covenants, property, creditor and debtor, courts, etc. First published during the Scottish Enlightenment in 1758, this is the second edition as published in 1761. This popular and influential work reached a fourth edition in 1792 and was widely read by great thinkers such as Hume, Adams, Jefferson, Madison, and Franklin...Marke, A Catalogue of the Law Collection at New York University (1953) 14.

Author : William C. Lehmann
Publisher : Springer
Page : 383 pages
File Size : 11,54 MB
Release : 2013-03-09
Category : Social Science
ISBN : 9401575827

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The purpose of the present study is to present the life and work and thought of a remarkable pioneering figure on the Scottish scene over the middle half, broadly, of the eighteenth century, in their dynamic relations with that most extraordinary intellectual awakening and scientific, edu cational, literary and religious development of his time generally known as the "Scottish Enlightenment. " That movement in thought and culture was indeed in more ways than one a unique phenomenon in the history of western culture, comparable, in its own manner and measure, as we shall attempt to point out later, with such history-making movements or epochs as the Age of Pericles in Greece, the Augustan Age in Rome, the Renaissance movement in Italy and Western Europe generally, the up-surge both in science and in letters in England in the seventeenth century, and the contemporary movement in France associated with the Encyclopedists. This Scottish Enlightenment, often also spoken of as the "Awakening of Scotland," was of course more than a movement merely on the intel lectual and cultural level. It had also political bearings and was rather directly conditioned by events and changes in the political arena, begin ning with the Union with England in 1707; and even more directly was it accompanied and conditioned by social and economic changes which were in a short span of time to transform the face of this far-northern country almost beyond recognition.

Author : James E. Pfander
Publisher : Oxford University Press
Page : 189 pages
File Size : 19,86 MB
Release : 2021-03-17
Category : Law
ISBN : 0197571425

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This book offers a new account of the power of federal courts in the United States to hear and determine uncontested applications to assert or register a claim of right. Familiar to lawyers in civil law countries as forms of voluntary or non-contentious jurisdiction, these uncontested applications fit uneasily with the commitment to adversary legalism in the United States. Indeed, modern accounts of federal judicial power often urge that the language of the Article III of the U.S. Constitution limits federal courts to the adjudication of concrete disputes between adverse parties, thereby ruling out all forms of non-contentious jurisdiction. Said to rest on the so-called "case-or-controversy" requirement of Article III, this requirement of party contestation threatens the power of federal courts to conduct a range of familiar proceedings, such as the oversight of bankruptcy proceedings, the issuance of warrants, and the adjudication of applications for mandamus and habeas corpus relief. By recounting the tradition of naturalization and other uncontested litigation in antebellum America and coupling that tradition with an account of the important difference between cases and controversies, this book challenges the prevailing understanding of Article III. In addition to defending the power of federal courts to hear uncontested matters of federal law, the book examines the way the Constitution's meaning has changed over time and suggests a constructive interpretive methodology that would allow the Supreme Court to take account of the old and the new in defining the contours of federal judicial power.