| The Law's Conscience: Equitable Constitutionalism in America Contributor(s): Hoffer, Peter Charles (Author) |
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ISBN: 080784294X ISBN-13: 9780807842942 Publisher: University of North Carolina Press OUR PRICE: $45.13 Product Type: Paperback - Other Formats Published: November 1990 Annotation: 'The Law's Conscience' is a history of equity in Anglo-American jurisprudence from the inception of the chancellor's court in medieval England to the most recent civil rights and affirmative action decisions of the United States Supreme Court. |
| Additional Information |
| BISAC Categories: - Law | Civil Procedure - Political Science | Law Enforcement - History | United States - Revolutionary Period (1775-1800) |
| Dewey: 347.302 |
| LCCN: 90-50016 |
| Lexile Measure: 1600 |
| Series: Thornton H. Brooks Series in American Law & Society |
| Physical Information: 0.93" H x 6.09" W x 9.3" (1.10 lbs) 316 pages |
| Themes: - Chronological Period - 18th Century |
| Descriptions, Reviews, Etc. |
| Publisher Description: 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. |
Contributor Bio(s): Hoffer, Peter Charles: - Peter Charles Hoffer is coauthor of Impeachment in America, 1635-1805. |