Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 3 of 3
Full-Text Articles in Law
Codes And Codification: United States Law, Lewis Grossman
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
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
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.