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The Shaping of Nineteenth-Century Law - John Appleton and Responsible Individualism (Hardcover, New)
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The Shaping of Nineteenth-Century Law - John Appleton and Responsible Individualism (Hardcover, New)
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John Appleton was a prominent American lawyer who practiced in and
around Bangor, Maine, beginning in the early 1820s and earned a
national reputation as Chief Justice of Maine's supreme court.
Through a study of Appleton's life and thought, Gold shows how the
commitment to individual liberty and personal responsibility helped
shape nineteenth-century American law. By tracing Appleton's life
and law practice, the book addresses an aspect of early American
culture that has received little attention--the nature of American
individualism as embodied in the law. The book contributes to
American legal historiography in other ways. It is one of just a
handful of serious studies of state judges. It adds to the current
revisionist interpretation of laissez-faire constitutionalism.
Finally, it sheds light on some little studied areas of legal
history, in particular the history of the law of evidence. Recently
some historians have recognized that law in the nineteenth century
incorporated broadly held social values or world-views, and a few
have written on the relationship between law and individualism.
Gold contends these scholars have associated American individualism
with self-reliance in the nineteenth century and nonconformity in
the twentieth. Gold shows there is another side to individualism
with self-reliance in the nineteenth century and nonconformity in
the twentieth. Americans lived in society, therefore, their
relations with one another had to be ordered. While they believed
in freedom of action, they also believed that individuals had to be
responsible for the effects of their actions on others. The book is
ideal reading for all students of American legal history in
particular and American history in general.
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