The Decline of Natural Law. How American Lawyers Once Used Natural Law and Why They Stopped Stuart Banner

The Decline of Natural Law. How American Lawyers Once Used Natural Law and Why They Stopped Stuart Banner – Ebook Instant Download/Delivery ISBN(s): 9780197556498,0197556493, 9780197556511, 0197556515

Product details:
• ISBN 10: 0197556515

• ISBN 13: 9780197556511

• Author: Stuart Banner

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.

Table contents:

1. The Law of Nature

2. The Common Law

Part II: Causes of the Transition

3. The Adoption of Written Constitutions

4. The Separation of Law and Religion

5. The Explosion in Law Publishing

6. The Two-Sidedness of Natural Law

Part III: The Transition and After

7. The Decline of Natural Law and Custom

8. Substitutes for Natural Law

9. Echoes of Natural Law

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