Stock photo. Brand new: lowest price The lowest-priced brand-new, unused, unopened, undamaged item in its original packaging where packaging is applicable. Author R. Kent Newmyer. Author Biography. Newmyer is Professer of History at the University of Connecticut. Publisher University of North Carolina Press.
Format Paperback. ISBN See details. See all 3 brand new listings. Buy It Now. Add to cart. Kent Newmyer , Paperback, Reprint. Be the first to write a review About this product. About this product Product Information The primary founder and guiding spirit of the Harvard Law School and the most prolific publicist of the nineteenth century, Story served as a member of the U.
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Supreme Court from to His attitudes and goals as lawyer, politician, judge, and legal educator were founded on the republican values generated by the American Revolution. Story's greatest objective was to fashion a national jurisprudence that would carry the American people into the modern age without losing those values. Additional Product Features Dewey Decimal. Brink's Trustees v South African Bank: 27 In this typical insolvency case the Irish barrister found his arguments in the first textbook on Cape colonial law, namely Burton on Insolvent Law?
However, his reliance on budding American law is surprising 39 and deserves further attention as it sheds light on a source of nineteenth century Cape law yet to be investigated. James Kent entered Yale College at age fourteen.
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After graduation in Kent started his legal career by signing an apprenticeship contract with a practitioner and worked as a clerk in a law office in Poughkeepsie, the then capital of New York State. Kent was a zealous federalist and his interest in politics led to his elections in and to the New York State Assembly. From until Kent lectured at Columbia College. Kent was appointed Chancellor in and held this position at the Court of Chancery until his retirement in at age sixty.
The American Blackstone. Kent's judicial opinions as judge and chancellor were characterised by his encyclopaedic legal learning and authorative style. His decisions were often cited and his Chancery opinions formed the basis of equity jurisdiction in the United States.
His Commentaries on American Law was one of the first general works on American law and Kent has been labelled the father of American jurisprudence. His gift for synthesis and adaptation 46 made his readers oblivious of his sources. Kent arranged conflicting and confused English law reports and created a hierarchy of authority. His readers bypassed the English law books and relied on Kent, obscuring the connection between English and American law.
Subsequently, they became the prescribed textbooks at many law schools. Kent was one of the early republic's most cosmopolitan jurists and made a lasting contribution to the indigenisation of law books and nativism of legal minds. However, this imposing figure in a seminal period of American legal history has suffered from scholarly neglect, which has been based on the belief that Kent was an extreme conservative. Story: Another American Blackstone.
Joseph Story was born in Marblehead, Massachusetts, in He graduated from Harvard College in From until Story studied for the bar in the offices of Samuel Sewall and in he started to practice in Essex. In Story was elected to the State legislature of Massachusetts and in he was elected to the Congress of the United States of America.
From onwards Story published a series of textbooks: On bailments ; on constitutional law ; on conflict of laws ; 51 on equity pleading ; on equity ; on the law of agency ; on partnership ; on bills of exchange ; and in on promissory notes.
Supreme Court Justice Joseph Story: Statesman of the Old Republic by R. Kent Newmyer
Michael Hoeflich has addressed Story's relationship to the civil law. He endeavoured to find a happy balance between excessive theorising and a mere focus on practice. Each of his commentaries established a system of analysis, cases were placed in the footnotes and did not dictate the format of the work. Story's text is a narrative of principles and rules, while case law, as well as foreign law and Roman law, was used to illustrate these rules and principles.
Story also used Roman law and civil law as a source for filling gaps in the common law; he was unwilling to replace common law with Roman or civil law, but would draw upon these where no common law rule existed. Story's Commentaries were the first modern American textbooks. The most striking aspect of the work of this leading American jurist has been his cosmopolitan outlook.
Story suffered the same fate as Kent and has been depicted as a reactionary representative of misguided anachronistic jurisprudence during the twentieth century.
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Menzies, Brand and Watermeyer. It is noteworthy that advocates Brand and Watermeyer, who appeared for the defendant in the Brink's Trustees case also relied on the American authorities.
During the first half of the nineteenth century Cape law stood at a crossroads. Whitehall hoped quietly for a gradual assimilation between colonial and English law, but the advocates at the Cape bar relied on an eclectic selection of sources. This essay has lifted a tip of the veil and brought to light that early Cape law borrowed from early American law. Both Kent and Story were pioneers of the early days of American law.
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Both jurists were products of the Enlightenment and influenced by natural law; spurred on by the demands of academic teaching they turned into system builders, but their judicial careers had endowed them with cautious pragmatism. They found the material for their system in the English common law, which was known and accessible. As rationalists they were aware of the absence of system and science in the latter, but found both in the continental authorities. Porter's selection of both Kent and Story was deliberate and judicious. Consequently it has also been argued that the British merely followed English precedent.
The Court was of the opinion that the principle of the decision in the case of Kotze v Meyer was sound. Girvin n 11 at After graduating from Edinburgh University, Menzies was admitted to the Faculty of Advocates in and had a good practice at the Scottish Bar. Before sailing for the Cape Menzies spent time in London acquainting himself with the judicial system and law of the Cape, where he became known as a staunch defender of Roman-Dutch law.
From to he was the recorder of Daventry, presided the local court of Quarter Sessions and practised as a conveyancer and special pleader. On his appointment to the Cape he went to Holland for six months to learn Dutch and study.