American Comparative Law: A History

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David S. Clark (Maynard & Bertha Wilson Professor of Law Emeritus, Maynard & Bertha Wilson Professor of Law Emeritus, Willamette University College of Law)

American Comparative Law

A History

David S. Clark (Maynard & Bertha Wilson Professor of Law Emeritus, Maynard & Bertha Wilson Professor of Law Emeritus, Willamette University College of Law)

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English

Oxford University Press Inc
06 February 2023

Comparative law; Legal history; Legal system: general

This 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 republic established a golden age for comparative law, followed by the formative era for American 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.

By: David S. Clark (Maynard & Bertha Wilson Professor of Law Emeritus Maynard & Bertha Wilson Professor of Law Emeritus Willamette University College of Law)
Imprint: Oxford University Press Inc
Country of Publication: United States
Dimensions: Height: 163mm, Width: 237mm, Spine: 40mm
Weight: 1g
ISBN: 9780195369922
ISBN 10: 0195369920
Pages: 584
Publication Date: 06 February 2023
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Preface Abbreviations Chapter 1: Legal History and Comparative Law Chapter 2: British Colonization in North America Chapter 3: Legal Foundation for the New Republic: 1776 to 1791 Chapter 4: The Formative Era: 1791-1865 Chapter 5: Historical Jurisprudence and Learned Law: 1865-1900 Chapter 6: The Modern Development: 1900-1945 Chapter 7: Postwar Legal Transplants and Growth of the Academic Discipline: 1945-1990 Chapter 8: Between Globalization and Nationalism: A History of the Future after 1990

David S. Clark is the Maynard and Bertha Wilson Professor of Law Emeritus at Willamette University. Previously the Max Kade Visiting Professor at Bucerius Law School (Hamburg), Inns of Court Fellow (Inner Temple, London), Fulbright Chair in Comparative Law (Trento), and Wing Tat Lee Chair in International and Comparative Law (Loyola, Chicago), he lectured widely in Europe, Latin America, and East Asia. Clark published 15 books and over 50 articles on comparative law, procedure, courts, and law and society and was active in the American Society of Comparative Law, having served as president and honorary president, and in the International Academy of Comparative Law (titular member).

Reviews for American Comparative Law: A History

Clark's history covers the ideas underpinning American law from the early Colonial period to the present, and this volume will be useful to anyone who wants to know the foundations of American law and how law was used...his study is far ranging, covering law schools, the influence of US law on foreign laws and constitutions, and a long list of scholars. It also provides a detailed historiography of how legal figures and ideas developed... this is a far-reaching, worthwhile book. * Choice *