Peter Charles Hoffer's The Law's Conscience: Equitable Constitutionalism in America PDF

By Peter Charles Hoffer

The Law's Conscience is a historical past of fairness in Anglo-American juris-prudence from the inception of the chancellor's courtroom in medieval England to the hot civil rights and affirmative motion judgements of the U.S. excellent courtroom. Peter Hoffer argues that fairness embodies a fashion of taking a look at legislation, together with constitutions, in response to rules of mutual equity, public trusteeship, and equivalent defense. His crucial subject matter is the strain among the fitting of fairness and the particular availability of equitable remedies.

Hoffer examines this pressure within the trusteeship constitutionalism of John Locke and Thomas Jefferson; the incorporation of fairness within the first American constitutions; the antebellum controversy over slavery; the fortunes of the Freedmen's Bureau after the Civil warfare; the emergence of the doctrine of "Balance of fairness" in twentieth-century public-interest legislations; and the desegregation and opposite discrimination instances of the previous thirty-five years. Brown v. Board of Education (1954) was once crucial fairness swimsuit in American heritage, and Hoffer starts and ends his e-book with a brand new interpretation of its lessons.

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The Law's Conscience: Equitable Constitutionalism in America (Thornton H. Brooks Series in American Law & Society) by Peter Charles Hoffer

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