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American Legal History

AMERICAN LEGAL HISTORY AND JURISPRUDENCE SINCE THE CIVIL WAR

This research paper examines the dominant themes in American legal history and thought during the period 1865-1985. In pursuing the ideal goal of a government of laws and not men, connflicts have arisen since the end of the Civil War in legal jurisprudence and the case law because: (1) legal philosophers and judges are prone to human bias. They have been influenced by the political passions of their day and must in a democracy take into account public opinion and political realities; (2) law inevitably involves value judgements and choices between competing interests, which evolve and change over time; and (3) if the credibility of the legal process and its integrity are to be preserved, judicial restraint is essential in a government of divided powers and in a system of federalism, but courts must at times exercise leadership in order to formulate legal doctrines which anticipate the needs of society over the long run.

The theme of this paper is that the law has evolved to meet the expanding needs of a dynamic, growing and changing society. The Supreme Court in particular has generally struck a good balance between sensitivity to the public will and to the prerogatives of other branches of government, has been attentive to the requirements of federalism and has exercised leadership in keeping within reasonable bounds arbitrary or subjectively motivated governmental actions. At times, legal thinkers and the Supreme Court have been too much ahead of, or have lagged behind, public opinion. Some of the Court's important decisions have been overly influenced by legal doctrines which have not stood the test of time. Overall, however, the American legal system has proved to be remarkably resilient and in tune with the needs of the times.

During the first two and half post-Civil War decades, most of the United States (other than the South) underwent tremendous econom...

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American Legal History. (1969, December 31). In LotsofEssays.com. Retrieved 20:15, March 28, 2024, from https://www.lotsofessays.com/viewpaper/1705245.html