The Law's Conscience: Equitable Constitutionalism in AmericaUniv of North Carolina Press, 09.11.2000 - 316 Seiten 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. |
Inhalt
1 | |
7 | |
TRUSTEESHIP | 23 |
EQUALITY | 81 |
REALITY | 139 |
Epilogue Balance of Equity and Affirmative Action | 199 |
Conclusion | 212 |
A Note on the Sources | 215 |
Notes | 219 |
293 | |
Andere Ausgaben - Alle anzeigen
The Law's Conscience: Equitable Constitutionalism in America Peter Charles Hoffer Eingeschränkte Leseprobe - 1990 |
Häufige Begriffe und Wortgruppen
American Law appeal argued argument Bakke Balance of Equity Boston Brown Cambridge chancellor chancellor's court Charles Chief Justice Civil Rights Act claims colonies common law Congress Connecticut conscience Constitution contract Court of Chancery court of equity decree defendant desegregation discrimination dispute district court doctrine Dulany enforcement English equal equitable remedies equity courts federal courts Felix Frankfurter former slaves Fourteenth Amendment Frankfurter freedmen and women governor Harvard Law Review Harvard Law School high court History injunction interest issue James Jefferson John Johnson judicial jurisdiction jurisprudence jury land Law School lawyers legislature litigants Lord manumission Maryland ment nuisance opinion Parliament parties Pennsylvania petitioners plaintiff pleading political practice procedure protection racial radical Reconstruction reform relief Republicans revolutionary Roscoe Pound rules segregation slavery social South Carolina statute Story suits Supreme Court tion Treatise trial trust trusteeship U.S. Stats Virginia Warren William William Samuel Johnson York