Heart versus Head

Heart versus Head
Author :
Publisher : Univ of North Carolina Press
Total Pages : 690
Release :
ISBN-10 : 9780807862353
ISBN-13 : 0807862355
Rating : 4/5 (355 Downloads)

Book Synopsis Heart versus Head by : Peter Karsten

Download or read book Heart versus Head written by Peter Karsten and published by Univ of North Carolina Press. This book was released on 2000-11-09 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenging traditional accounts of the development of American private law, Peter Karsten offers an important new perspective on the making of the rules of common law and equity in nineteenth-century courts. The central story of that era, he finds, was a struggle between a jurisprudence of the head, which adhered strongly to English precedent, and a jurisprudence of the heart, a humane concern for the rights of parties rendered weak by inequitable rules and a willingness to create exceptions or altogether new rules on their behalf. Karsten first documents the tendency of jurists, particularly those in the Northeast, to resist arguments to alter rules of property, contract, and tort law. He then contrasts this tendency with a number of judicial innovations--among them the sanctioning of 'deep pocket' jury awards and the creation of the attractive-nuisance rule--designed to protect society's weaker members. In tracing the emergence of a pro-plaintiff, humanitarian jurisprudence of the heart, Karsten necessarily addresses the shortcomings of the reigning, economic-oriented paradigm regarding judicial rulemaking in nineteenth-century America. Originally published in 1997. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.


Heart versus Head Related Books

Heart versus Head
Language: en
Pages: 690
Authors: Peter Karsten
Categories: History
Type: BOOK - Published: 2000-11-09 - Publisher: Univ of North Carolina Press

GET EBOOK

Challenging traditional accounts of the development of American private law, Peter Karsten offers an important new perspective on the making of the rules of com
The Paths of Survival
Language: en
Pages: 93
Authors: Josephine Balmer
Categories: English poetry
Type: BOOK - Published: 2017 - Publisher:

GET EBOOK

The Paths of Survival explores the fragility of the written word; the ways in which it is destroyed and the ways in which it endures against all the odds. Traci
Head and Heart
Language: en
Pages: 353
Authors: Fraser Watts
Categories: Religion
Type: BOOK - Published: 2013-08-26 - Publisher: Templeton Foundation Press

GET EBOOK

Theologians and religious figures often draw a distinction between religion of the ‘”head” and religion of the “heart,” but few stop to ask what the t
Head, Heart & Hands
Language: en
Pages: 201
Authors: Dennis P. Hollinger
Categories: Religion
Type: BOOK - Published: 2009-09-20 - Publisher: InterVarsity Press

GET EBOOK

As Christians, we are to love God with all of our being--heart, mind, soul and strength. But many of us tend to overemphasize one aspect or another, and as a re
In My Heart
Language: en
Pages: 32
Authors: Jo Witek
Categories: Juvenile Fiction
Type: BOOK - Published: 2014-10-14 - Publisher: Abrams

GET EBOOK

New York Times Bestseller! “A must-have for any storytime.” ―Kirkus Reviews “Childlike drawings evoke each feeling with a playful style.” ―Publisher