Cases and Materials on Law and Jurisprudence in American History

Author: Stephen B. B. Presser
Published: June 2000
Publisher: West Group
ISBN: 0314211349
Hardcover Book
Number of Pages: 1139

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Originally published in 1980, this text was the first casebook in the field of American legal history. It encouraged the formation of the modern discipline of American legal history, sought to create a canon for the field, and is now regarded as a classic compilation. There are two main alterations or additions to this edition. The first is a reworking of the slavery materials in Chapter Four, substituting the testimony of the slaves themselves. The second major change in the book is the addition of materials regarding the impeachment and trial of President Clinton.

Table of Contents
Preface to the Third Edition
Preface to the Second Edition
Preface to the First Edition
Table of Cases
Table of Authorities
Prologue. The English Heritage 1
Ch. 1 The Emergence of the Theory of the Popular Will as the Basis of Law in the American Colonies: Legal and Constitutional Perspectives on the American Revolution 28
Ch. 2 Federalism Versus Republicanism in the Courts: Conceptions of National Law 130
Ch. 3 Securing the Revolution of 1800 Through the Common Law 249
Ch. 4 Law and Society in the Mid-Nineteenth Century 349
Ch. 5 Competition and Labor Law in Ante-Bellum and Late Nineteenth Century America 570
Ch. 6 Law and Jurisprudence for the Modern Industrial Age 709
Ch. 7 Private Law Present and Future: Towards a Welfare State? 821
Ch. 8 The Current Struggle for the Soul of American Law 879
Appendix: Constitution of the United States of America 1076
Index 1093

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