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Articles in Law Reviews & Other Academic Journals

Codification

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Codes And Codification: United States Law, Lewis Grossman Jan 2008

Codes And Codification: United States Law, Lewis Grossman

Articles in Law Reviews & Other Academic Journals

An entry in the forthcoming Oxford Encylopedia of Legal History (Stanley Katz ed.).


James Coolidge Carter And Mugwump Jurisprudence, Lewis Grossman Jan 2002

James Coolidge Carter And Mugwump Jurisprudence, Lewis Grossman

Articles in Law Reviews & Other Academic Journals

This article examines the thought of James Coolidge Carter, a leading legal theorist, practicing attorney, and political reformer of the Gilded Age, most famous for his resistance to codification. Carter, like many elite legal figures in the late nineteenth century, belonged to the genteel urban political culture known as the Mugwumps. I show how Carter's suspicion of legislators, his faith in courts, his equation of the common law with custom, and his condemnation of legislation inconsistent with custom, reflected his Mugwump world view. I also explore how Carter, like other Mugwumps, struggled to accommodate traditional modes of thought to the …


Codification And The California Mentality, Lewis Grossman Jan 1994

Codification And The California Mentality, Lewis Grossman

Articles in Law Reviews & Other Academic Journals

This essay explores why California, almost alone among states, embraced codification of the substantive common law in the late nineteenth century.