Law's Machinery
Reforming the Craft of Lawyering in America's Industrial Age
Series: Oxford Legal History;
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36 571 Ft
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Product details:
- Publisher OUP USA
- Date of Publication 22 April 2025
- ISBN 9780197543931
- Binding Hardback
- No. of pages322 pages
- Size 224x155x22 mm
- Weight 590 g
- Language English 598
Categories
Short description:
Often overlooked by histories of the world's famous code systems, mid-nineteenth century America settled on a code of practice that elevated lawyers as the dominant force of the country's legal institutions. Law's Machinery draws on innovative methods in digital legal history and offers a sweeping intellectual, cultural, and political account of the modernization of American legal practice.
MoreLong description:
It was perhaps fitting that in an age of industrialization, Americans began to think of the law as a tool, one that could be forged to fit their needs, without regard to the traditional ways of litigating cases in court. Law's Machinery explores how innovators like New York attorney David Dudley Field, and his associates across the elite American bar, legislated a "code of practice" and attempted to rebuild the practice of law from the ground up in the mid-nineteenth century. While many of their efforts proved futile or misguided, the codifiers ultimately succeeded in turning American law into a machine run by, and in the interests of, professional lawyers like themselves. Often overlooked by histories of the world's famous code systems, the United States settled on a code of practice that elevated lawyers as the dominant force of the country's legal institutions.
Professor Funk's account ranges widely: from the Jacksonian Era to the end of the Gilded Age; from urban Gotham to the peripheries of the American West and the Reconstruction-era South; and from the parlours of Brooklyn pastors and merchants to the ornamented courthouses of Wall Street. Drawing on innovative methods in digital legal history, Law's Machinery offers a sweeping intellectual, cultural, and political telling of the modernization of American legal practice.
Table of Contents:
Introduction
I. The Machine
Sampson Against the Philistines: The Allure of an American Code
The Rule of Writs: Civil Justice Before the Code
Mere Machinery: The Political Shape of Civil Procedure
An Empire in Itself: The Migration of Field's Code
The Code American: The Institutes of Code Practice
II. The Garden
No Magic in Forms: Fact Pleading and the Forms of Action
The Swearer's Prayer: Oathtaking and Witness Testimony
The Want of Information: Discovery Before Trial
The Nature of Things: Law and Equity
How Shall the Lawyers Be Paid? Fees and Costs
Conclusion
