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OverviewAn 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. Full Product DetailsAuthor: Stuart Banner (Norman Abrams Distinguished Professor of Law, Norman Abrams Distinguished Professor of Law, UCLA Law)Publisher: Oxford University Press Inc Imprint: Oxford University Press Inc Dimensions: Width: 23.60cm , Height: 2.50cm , Length: 16.00cm Weight: 0.522kg ISBN: 9780197556498ISBN 10: 0197556493 Pages: 264 Publication Date: 02 September 2021 Audience: Professional and scholarly , Professional & Vocational Format: Hardback Publisher's Status: Active Availability: To order  Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us. Table of ContentsIntroduction 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 IndexReviewsAuthor InformationStuart 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. Tab Content 6Author Website:Countries AvailableAll regions |
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