The Law's Conscience : Equitable Constitutionalism in America
Language: English
Published by The University Of North Carolina Press, 1990
- Softcover
- New
Seller: AHA-BUCH GmbH, Einbeck, GermanyAHA-BUCH GmbH
AbeBooks seller since August 14, 2006
Condition: New
US$ 87.78
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Add to basketItem description from seller
nach der Bestellung gedruckt Neuware - Printed after ordering - 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.…
Seller Inventory # 9780807842942
- Title
- The Law's Conscience : Equitable Constitutionalism in America
- Author
- Peter Charles Hoffer
- Publisher
- The University Of North Carolina Press
- Publication year
- 1990
- Condition
- Neu
- Binding
- Taschenbuch
- Language
- English
- ISBN 10
- 080784294X
- ISBN 13
- 9780807842942
- Item weight
- 522 grams
- Dimensions
- 229x152x19 mm
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.
"Synopsis" may belong to another edition of this title.
About the Author
Peter Charles Hoffer is coauthor of Impeachment in America, 1635–1805.
"About the title" may belong to another edition of this title.
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|---|---|---|
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