Joseph Story and the comity of errors : a case study in conflict of laws

Type

Book

Authors

Watson, Alan

ISBN 10

0820314064

ISBN 13

9780820314068

DDC

340.9

Tags

Joseph Story, Dred Scott, Slavery, Ulrich Huber, Interpretation, Sovereignty, Missouri, Free State

Abstract

"Supreme Court justice and Harvard law professor Joseph Story (1779-1845) is a pillar of American jurisprudence: His Commentaries on the conflict of laws remained the foundation of the branch of the law for the next half-century. In this provocative book, Alan Watson Argues that in his commentaries Story misread the views of a European predecessor and that this misreading has momentous consequences in American history. In particular, Watson suggests that the 1857 Dred Scott decision, with all its repercussions, could not have occurred if Story had properly interpreted his chief source. As Watson explains, Story expressly based his position on axioms developed by the Dutchman Ulrich Huber, who was then generally accepted in Anglo-American law as the leading authority on conflicts between the laws of sovereign nations or states..." - Jacket

Description

Contents:
Preface
Acknowledgements
Ulrich Huber and Comity
Joseph Story and comity
Explanation
Pre-Story
Post-Story
Hypothesis
Thesis
Appendices
Notes
Index of sources
General Index

Biblio Notes

Includes bibliographical references (pages 101-127) and indexes.

Number of Copies