The Law's Conscience: Equitable Constitutionalism in America

Hoffer, Peter Charles

ISBN 10: 080784294X / ISBN 13: 9780807842942

Editore: University of North Carolina Press, 1990

May have limited writing in cover pages. Pages are unmarked. ~ ThriftBooks: Read More, Spend Less. Codice articolo G080784294XI4N00

Riassunto:

The Law's Conscience is a history of equity in Anglo-American juris-prudence from the inception of the chancellor's court in medieval England to the recent civil rights and affirmative action decisions of the United States Supreme Court. Peter Hoffer argues that equity embodies a way of looking at law, including constitutions, based on ideas of mutual fairness, public trusteeship, and equal protection. His central theme is the tension between the ideal of equity and the actual availability of equitable remedies.

Hoffer examines this tension in the trusteeship constitutionalism of John Locke and Thomas Jefferson; the incorporation of equity in the first American constitutions; the antebellum controversy over slavery; the fortunes of the Freedmen's Bureau after the Civil War; the emergence of the doctrine of "Balance of Equity" in twentieth-century public-interest law; and the desegregation and reverse discrimination cases of the past thirty-five years. Brown v. Board of Education (1954) was the most important equity suit in American history, and Hoffer begins and ends his book with a new interpretation of its lessons.

L'autore: Peter Charles Hoffer is coauthor of Impeachment in America, 1635-1805.

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Titolo: The Law's Conscience: Equitable ...
Casa editrice: University of North Carolina Press
Data di pubblicazione: 1990
Legatura: Paperback
Condizione: Very Good
Condizione sovraccoperta: No Jacket