OXFORD UNIVERSITY PRESS

The Decline of Natural Law: How American Lawyers Once Used Natural Law and Why They Stopped

ISBN : 9780197556498

参考価格(税込): 
¥8,569
著者: 
Stuart Banner
関連カテゴリー
ページ
264 ページ
フォーマット
Hardcover
サイズ
156 x 235 mm
刊行日
2021年05月
メール送信
印刷

An account of a fundamental change in American legal thought, from a conception of law as something found in nature to one in which law is entirely a human creation. Before the late 19th century, natural law played an important role in the American legal system. Lawyers routinely used it in their arguments and judges often relied upon it in their opinions. Today, by contrast, natural law plays virtually no role in the legal system. When natural law was part of a lawyer's toolkit, lawyers thought of judges as finders of the law, but when natural law dropped out of the legal system, lawyers began thinking of judges as makers of the law instead. In The Decline of Natural Law, the eminent legal historian Stuart Banner explores the causes and consequences of this change. To do this, Banner discusses the ways in which lawyers used natural law and why the concept seemed reasonable to them. He further examines several long-term trends in legal thought that weakened the position of natural law, including the use of written constitutions, the gradual separation of the spheres of law and religion, the rapid growth of legal publishing, and the position of natural law in some of the 19th century's most contested legal issues. And finally, he describes both the profession's rejection of natural law in the late 19th and early 20th centuries and the ways in which the legal system responded to the absence of natural law. The first book to explain how natural law once worked in the American legal system, The Decline of Natural Law offers a unique look into how and why this major shift in legal thought happened, and focuses, in particular, on the shift from the idea that law is something we find to something we make.

目次: 

Introduction
Part I: Before the Transition
Chapter 1: The Law of Nature
Chapter 2: The Common Law
Part II: Causes of the Transition
Chapter 3: The Adoption of Written Constitutions
Chapter 4: The Separation of Law and Religion
Chapter 5: The Explosion in Law Publishing
Chapter 6: The Two-Sidedness of Natural Law
Part III: The Transition and After
Chapter 7: The Decline of Natural Law and Custom
Chapter 8: Substitutes for Natural Law
Chapter 9: Echoes of Natural Law
Index

著者について: 

Stuart Banner is the Norman Abrams Distinguished Professor of Law at UCLA. His nine previous books include Speculation: A History of the Fine Line Between Gambling and Investing and The Baseball Trust: A History of Baseball's Antitrust Exemption.

このページに掲載の「参考価格」は日本国内における希望小売価格です。当ウェブサイトでのご購入に対して特別価格が適用される場合、販売価格は「割引価格」として表示されます。なお、価格は予告なく変更されることがございますので、あらかじめご了承ください。