Roscoe Pound has called Charles Doe (1830-1896) one of the ten
greatest jurists in American history, the "one judge upon the bench
of a state court who stands out as a builder of the law since the
Civil War." This is the first booklength biography of Chief Justice
Doe, and as an examination of the constitutional and
jurisprudential theories of a state judge it is probably
unique.
Known for his aversion to formal courtroom procedure and for
his singular methods of conducting jury trials and appellate
sessions, Charles Doe served as Associate Justice of the New
Hampshire Supreme Judicial Court from 1859 to 1874, and as Chief
Justice of New Hampshire from 1876 to 1896. In his thirty-five
years on the bench, Doe was responsible for a number of innovations
in judicial practice. He devoted himself to reforming the rules of
construction, his "newmodelling" of writs revolutionized civil
procedure, and his solution to the question of criminal insanity
was so advanced that it has not yet been superseded, or even
approached, in many states. Perhaps it is in Doe's discussions of
torts, where he expounded tenets in opposition to those held by
Oliver Wendell Holmes, that one may find the most interesting
insight into Doe's view of the law. By redefining and
re-emphasizing the distinction between matters of law and questions
of fact, Chief Justice Doe demonstrated that an original mind
working with familiar legal concepts could depart from traditional
doctrine while at the same time maintaining the continuity and
essential integrity of Anglo-American common law.
General
Imprint: |
Harvard University Press
|
Country of origin: |
United States |
Release date: |
April 2014 |
First published: |
October 2013 |
Authors: |
John Phillip Reid
|
Dimensions: |
234 x 156 x 27mm (L x W x T) |
Format: |
Hardcover - Sewn / Cloth over boards
|
Pages: |
499 |
Edition: |
Reprint 2014 ed. |
ISBN-13: |
978-0-674-42015-1 |
Categories: |
Books >
Social sciences >
Politics & government >
General
|
LSN: |
0-674-42015-2 |
Barcode: |
9780674420151 |
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