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The Law's Conscience: Equitable Constitutionalism in America (Thornton H. Brooks Series in American Law and Society)

Hoffer, Peter Charles

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ISBN 10: 080784294X / ISBN 13: 9780807842942
Published by The University Of North Carolina Press, Chapel Hill, 1990
Used Condition: Very Good Soft cover
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292pp+ index. Internally fine with clean text that has no underlining, highlighting or notes. Bookseller Inventory # 24558

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Bibliographic Details

Title: The Law's Conscience: Equitable ...

Publisher: The University Of North Carolina Press, Chapel Hill

Publication Date: 1990

Binding: Paperback

Book Condition:Very Good

About this title

Synopsis:

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.

Book Description:

"This book is written with force and style, qualities that wonderfully complement its bold, original argument. Hoffer has crafted a major contribution to the history of American legal culture."--Kermit L. Hall, University of Florida

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