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The Genesis of Nineteenth-Century Civil Codes in the United States: Legal History Library, cartea 66

Autor Julie Rocheton
en Limba Engleză Hardback – 6 mar 2024
Starting in Louisiana in the early nineteenth century, this book takes the reader on a journey through the USA and the development of their civil codes. From Georgia and New York, civil codes traveled to California and Dakota Territory; in the Great Plains, they made their way to Montana, North Dakota, and South Dakota by the end of the century.
Unveiling the history of nineteenth-century civil codes in the USA, this book examines their origin stories, circulation, and usage by focusing on the social-historical context of their drafting and legal concepts.

“Rocheton's work, published four decades after Cook's book on ‘The American Codification Movement,’ contains an exhaustive and insightful analysis of nineteenth-century civil codes. It thoroughly discusses their context, how they were conceived, discussed, drafted and approved, their main foreign influences and content, and their practical operation." - Aniceto Masferrer, University of Valencia

“While there is a vast corpus of literature on codification and, more specifically, civil codes in the civil law tradition, it is much less known that six US states codified their private laws during the 19th century. This book tells the fascinating story. Spoiler alert: it’s a family affair.” - Stefan Vogenauer, Max Planck Institute for Legal History and Legal Theory
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Specificații

ISBN-13: 9789004689961
ISBN-10: 9004689966
Dimensiuni: 155 x 235 mm
Greutate: 0.61 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Legal History Library


Recenzii

The press about volume 1 in the series:
"[The book] succeeds as an excellent point of entry to what at times can seem like a highly complex subject. [..] [The editors] and their fellow contributors have undoubtedly got the new series off to the strongest possible start." – Warren Swain, The Edinburgh Law Review

Notă biografică

Julie Rocheton, Ph.D. (2021), Universitat de València, Master in Legal History (2013), Université Pantheon-Assas, is a postdoctoral researcher at the Max Planck Institute for Legal History and Legal Theory in Frankfurt am Main, Germany.

Cuprins

Acknowledgements

List of Illustrations

Abbreviations

Codification

Introduction
In Search of a Definition of the Civil Code

Methodology

Bibliography


Part 1
Introduction to Part One. Contextualizing Codification
Nineteenth-Century Codification—Paradigm Shifts

Civil Codes in a Global Context

Codification in the US Context


1Not a Movement, but a Discussion The National Codification Framework
1.1 Grasping the Common Law
1.1.1Common Law versus Rationalization Science

1.1.2Archaisms within the Common Law

1.1.3The Uncertainty of Common Law Rules

1.1.4A Common Law of Uncertain Shape


1.2 Emancipation from Common Law
1.2.1Liberation from English Legacy

1.2.2Codification as Liberation from the Legal Profession


1.3 Codifier Jeremy Bentham and the United States

1.4 Concluding Remarks: Was There an American Codification Movement?


2The Development of Private Law Codification in the US States
2.1 The Most Famous US Civil Codes: the Civil Codes of Louisiana
2.1.1The Survival of Civil Law in Louisiana

2.1.2The Evolution of the Civil Codes of Louisiana during the Nineteenth Century


2.2 Common Law Civil Codes in Nineteenth-Century United States
2.2.1The States of Georgia and New York: One Year, Two Civil Codes, Two Models

2.2.2The Afterlives of the Civil Code of New York



Part 2
3Creating a Fertile Ground for Codification
3.1 Official Legal Justification behind Codification

3.2 State Institutions as Factors Influencing Codification
3.2.1The Impact of the Colonial Tradition

3.2.2The Direct Link between Codification and the Age of the State

3.2.3Civil Codes and Political Parties


3.3 Population Migration Patterns and Civil Codes

3.4 No Civil Code without a Man
3.4.1The Civil Codes: a Fuel for Dispute between Influential Men

3.4.2The Civil Codes, Legal Tools Advocated by Individual Men

3.4.3The Field Network


3.5 Concluding Remarks


4Inside the US Civil Codes
4.1 The Sources of Nineteenth-Century US Civil Codes
4.1.1The Civil Codes of Louisiana

4.1.2The Sources of a Code Like No Other, the Code of Georgia

4.1.3Sources of the Civil Code of New York and Its Heirs

4.1.4Comparative Study of the Use of Different Sources within the US Civil Codes


4.2 The Shape of US Civil Codes
4.2.1Analysis of the Form of Civil Code Articles: Syntax and Type of Provisions

4.2.2Bilingualism and the Special Case of Louisiana

4.2.3The Structure of the Civil Codes: an Assertion of US Uniqueness



Part 3
5One Nation, Distinct Conceptions of Codification
5.1 US Civil Codes: Compilation, Innovation, and Recodification

5.2 The Circulation of the Civil Codes and the Snowball Effect

5.3 The American Dictionaries and Codification


6The Civil Codes in Action
6.1 The Codification Process within the States, a Legal Turn
6.1.1The institutional Mechanics of Codification

6.1.2The Code Commission and Commissioners

6.1.3The Submission of Codes and Their Possible Adoption


6.2 The Peripheral Articles of the Codes
6.2.1The Establishment of the Interpretation of the Code

6.2.2The Abrogative Articles in the Civil Codes


6.3 The Application of the US Civil Codes
6.3.1A Civil Code: the Main and Exclusive Source of Private Law in Louisiana

6.3.2The Common Law Codes as Subsidiary Sources of Law


Conclusion


Timetable

Appendix

Index