It was perhaps fitting that in an age of industrialization, Americans began to think of the law as a tool, one that could be forged to fit their needs, without regard to the traditional ways of litigating cases in court. Law's Machinery explores how innovators like New York attorney David Dudley Field, and his associates across the elite American bar, legislated a "code of practice" and attempted to rebuild the practice of law from the ground up in the mid-nineteenth century. While many of their efforts proved futile or misguided, the codifiers ultimately succeeded in turning American law into a machine run by, and in the interests of, professional lawyers like themselves. Often overlooked by histories of the world's famous code systems, the United States settled on a code of practice that elevated lawyers as the dominant force of the country's legal institutions.
Professor Funk's account ranges widely: from the Jacksonian Era to the end of the Gilded Age; from urban Gotham to the peripheries of the American West and the Reconstruction-era South; and from the parlours of Brooklyn pastors and merchants to the ornamented courthouses of Wall Street. Drawing on innovative methods in digital legal history, Law's Machinery offers a sweeping intellectual, cultural, and political telling of the modernization of American legal practice.
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Often overlooked by histories of the world's famous code systems, mid-nineteenth century America settled on a code of practice that elevated lawyers as the dominant force of the country's legal institutions. Law's Machinery draws on innovative methods in digital legal history and offers a sweeping intellectual, cultural, and political account of the modernization of American legal practice.
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Introduction
I. The Machine
1: Sampson Against the Philistines: The Allure of an American Code
2: The Rule of Writs: Civil Justice Before the Code
3: Mere Machinery: The Political Shape of Civil Procedure
4: An Empire in Itself: The Migration of Field's Code
5: The Code American: The Institutes of Code Practice
II. The Garden
6: No Magic in Forms: Fact Pleading and the Forms of Action
7: The Swearer's Prayer: Oathtaking and Witness Testimony
8: The Want of Information: Discovery Before Trial
9: The Nature of Things: Law and Equity
10: How Shall the Lawyers Be Paid? Fees and Costs
Conclusion
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Kellen R. Funk is Professor of Law at Columbia Law School, where he teaches courses on civil procedure and American Legal History. He has authored pathbreaking works on the use of digital methods in legal history and is now at work on a history of the American bail system. He lives with his family in Princeton, New Jersey.
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Selling point: Constitutes the first synthesized history of America's codification of the law during the Industrial Age-and the thinking that went into it
Selling point: Illuminates the origins of America's litigiousness, including how lawyers became the dominant force of the country's legal institutions
Selling point: Grippingly narrates colorful characters and major events, such as the reformation of the South by northern carpetbaggers, corruption trials from the Gilded Age, and the Henry Ward Beecher Affair
Selling point: Provides an accessible guide to legal practice in early American history
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Produktdetaljer
ISBN
9780197543931
Publisert
2025
Utgiver
Vendor
Oxford University Press Inc
Vekt
590 gr
Høyde
224 mm
Bredde
155 mm
Dybde
23 mm
Aldersnivå
UP, 05
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
320
Forfatter