The History Of American Customs Jurisprudence

Futrell, William H. The History of American Customs Jurisprudence. New York: Published privately, 1941. 314pp. Reprinted 1998 by The Lawbook Exchange, Ltd. LCCN 98-11342. ISBN 1-886363-51-X. Cloth. $75. * Originally privately printed and scarce, this work gives the historic background of the powers derived from the Constitution and covers all aspects of U.S. customs law. Pound commended it as "a thoroughly workmanlike job."

This is a study of the central role of history in late-nineteenth century American legal thought. In the decades following the Civil War, the founding generation of professional legal scholars in the United States drew from the evolutionary social thought that pervaded Western intellectual life on both sides of the Atlantic. Their historical analysis of law as an inductive science rejected deductive theories and supported moderate legal reform, conclusions that challenge conventional accounts of legal formalism Unprecedented in its coverage and its innovative conclusions about major American legal thinkers from the Civil War to the present, the book combines transatlantic intellectual history, legal history, the history of legal thought, historiography, jurisprudence, constitutional theory, and the history of higher education.

In this sweeping re-investigation of Canadian legal history, Harring shows that Canada has historically dispossessed Aboriginal peoples of even the most basic civil rights.

The iconic images of Uncle Sam and Marilyn Monroe, or the "fireside chats" of Franklin D. Roosevelt and the oratory of Martin Luther King, Jr.: these are the words, images, and sounds that populate American cultural history. From the Boston Tea Party to the Dodgers, from the blues to Andy Warhol, dime novels to Disneyland, the history of American culture tells us how previous generations of Americans have imagined themselves, their nation, and their relationship to the world and its peoples. This Very Short Introduction recounts the history of American culture and its creation by diverse social and ethnic groups. In doing so, it emphasizes the historic role of culture in relation to broader social, political, and economic developments. Across the lines of race, class, gender, and sexuality, as well as language, region, and religion, diverse Americans have forged a national culture with a global reach, inventing stories that have shaped a national identity and an American way of life. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

Seeking to fill a gap in our knowledge of the legal history of the nineteenth century, this volume studies the influence of Roman and civil law upon the development of common law jurisdictions in the United States and in Great Britain. M. H. Hoeflich examines the writings of a variety of prominent Anglo-American legal theorists to show how Roman and civil law helped common law thinkers develop their own theories. Intellectual leaders in law in the United States and Great Britain used Roman and civil law in different ways at different times. The views of these lawyers were greatly respected even by nonlawyers, and most of them wrote to influence a wider public. By filling in the gaps in the history of jurisprudence, this volume also provides greater understanding of the development of Anglo-American culture and society.

A complex description and analytical perspective of the growth of jurisprudence from tribal to modern law, beginning with the concept of marital union among tribes and clans and continuing to the "Jurisprudence of the Greek City" in the fourth and fifth centuries.

It is not uncommon for white suburban youths to perform rap music, for New York fashion designers to ransack the world's closets for inspiration, or for Euro-American authors to adopt the voice of a geisha or shaman. But who really owns these art forms? Is it the community in which they were originally generated, or the culture that has absorbed them? While claims of authenticity or quality may prompt some consumers to seek cultural products at their source, the communities of origin are generally unable to exclude copyists through legal action. Like other works of unincorporated group authorship, cultural products lack protection under our system of intellectual property law. But is this legal vacuum an injustice, the lifeblood of American culture, a historical oversight, a result of administrative incapacity, or all of the above? Who Owns Culture? offers the first comprehensive analysis of cultural authorship and appropriation within American law. From indigenous art to Linux, Susan Scafidi takes the reader on a tour of the no-man's-land between law and culture, pausing to ask: What prompts us to offer legal protection to works of literature, but not folklore? What does it mean for a creation to belong to a community, especially a diffuse or fractured one? And is our national culture the product of Yankee ingenuity or cultural kleptomania? Providing new insights to communal authorship, cultural appropriation, intellectual property law, and the formation of American culture, this innovative and accessible guide greatly enriches future legal understanding of cultural production.

This is a book about jurisprudence—or legal philosophy. The legal philosophical texts under consideration are—to say the least—unorthodox. Tolkien, Buffy the Vampire Slayer, Harry Potter, Million Dollar Baby, and other cultural products are all referenced as exemplary instances of what the author calls lex populi—“people’s” or “pop law.” There, more than anywhere else, will one find the leading issues of legal philosophy. These issues, however, are heavily coded, for few of these pop cultural texts announce themselves as expressly legal. Nonetheless, Lex Populi reads these texts “jurisprudentially,” that is, with an eye to their hidden legal philosophical meanings, enabling connections such as: Tolkien’s Ring as Kelsen’s grundnorm; vampire slaying as legal language’s semiosis; Hogwarts as substantively unjust; and a seriously injured young woman as termination’s rights-bearer. In so doing, Lex Populi attempts not only a jurisprudential reading of popular culture, but a popular rereading of jurisprudence, removing it from the legal experts in order to restore it to the public at large: a lex populi by and for the people.