Common Law and Natural Law in America: From the Puritans to the Legal Realists

Common Law and Natural Law in America is a four-hundred-year narrative that offers a counter-narrative to the dominant story of common law and natural law by drawing widely from theological and philosophical accounts of natural law, as well as primary and secondary work in legal and intellectual history.

Format: Paperback / softback
Length: 172 pages
Publication date: 19 May 2022
Publisher: Cambridge University Press

The book Common Law and Natural Law in America is a comprehensive four-hundred-year narrative that delves into the intricate and multifaceted interactions between common law, the realm of courtrooms, and natural law, a system rooted in human reason, nature, and the divine will of God. It presents a fresh re-assessment of these American encounters, challenging the prevailing narrative of common law and natural law. By drawing extensively from theological and philosophical accounts of natural law, as well as primary and secondary sources in legal and intellectual history, the book offers a counter-narrative that sheds light on the thought of Puritans, Revolutionary Americans, and seminal legal figures such as William Blackstone, Joseph Story, Christopher Columbus Langdell, Oliver Wendell Holmes, and the legal realists. This exploration has far-reaching consequences for both proponents and critics of natural law in contemporary society.

Introduction:
The book explores the historical and philosophical foundations of common law and natural law in America, tracing their development from the colonial era to the present day. It examines how these legal systems have interacted with each other, influenced each other, and shaped American society. The book also discusses the role of religion in shaping legal and moral principles, and how these principles have evolved over time.

Common Law and Natural Law:
Common law is a legal system that is based on precedent and judges' decisions. It is derived from the English legal system and has been adopted by many countries around the world. Common law is characterized by its flexibility and adaptability, as it can be applied to different situations and cases. Natural law, on the other hand, is a legal system that is based on natural principles and moral values. It is derived from the belief that there is a universal moral law that applies to all human beings, regardless of their culture or location. Natural law is characterized by its rigidity and consistency, as it is based on universal principles that are not subject to change.

Interactions between Common Law and Natural Law:
The book explores the complex interactions between common law and natural law in American history. It examines how these two legal systems have coexisted, competed with each other, and influenced each other. The book also discusses how religious beliefs and moral values have played a role in shaping legal and moral principles, and how these principles have been interpreted and applied by judges and lawyers.

Theological and Philosophical Foundations of Natural Law:
The book delves into the theological and philosophical foundations of natural law. It examines how religious beliefs and philosophical ideas have influenced the development of natural law theory. The book also discusses how these ideas have been interpreted and applied by legal scholars and judges.

Legal and Intellectual History:
The book provides a comprehensive account of the legal and intellectual history of common law and natural law in America. It examines how these two legal systems have evolved over time, and how they have been shaped by political, social, and economic factors. The book also discusses how legal scholars and judges have interpreted and applied these legal systems, and how they have influenced the development of American society.

Conclusion:
In conclusion, Common Law and Natural Law in America is a valuable contribution to the study of legal and intellectual history. It provides a comprehensive and nuanced account of the interactions between common law and natural law in American history, and sheds light on the theological and philosophical foundations of natural law. The book is an essential read for anyone interested in understanding the legal and moral principles that have shaped American society.

Weight: 266g
Dimension: 152 x 228 x 15 (mm)
ISBN-13: 9781108701815