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The Lawyer's Conscience
In 1776, Thomas Paine declared the end of royal rule in the United States. Instead, “law is king,” for the people rule themselves. Paine’s declaration is the dominant American understanding of how political power is exercised. In making law king, American lawyers became integral to the exercise of political power, so integral to law that legal ethics philosopher David Luban concluded, “lawyers are the law.” American lawyers have defended the exercise of this power from the Revolution to the present by arguing their work is channeled by the profession’s standards of ethical behavior. Those standards demand that lawyers serve the public interest and the interests of their paying clients before themselves. The duties owed both to the public and to clients meant lawyers were in the marketplace selling their services, but not of the marketplace. This is the story of power and the limits of ethical constraints to ensure such power is properly wielded. The Lawyer’s Conscience is the first book examining the history of American lawyer ethics, ranging from the mid-eighteenth century to the “professionalism” crisis facing lawyers today.
Memoir of Colonel Seth Warner
Written in 1848 by Daniel Chipman and published by L.W Clark Middlebury ,Vermont. Of revolutionary war fame, Seth Warner was one of the Green Mountain Boys who captured Fort Ti. Warner was known as the last man to leave the battle field, no man was left behind during his many exploits.
An Essay on the Law of Contracts
Reprint of the uncommon first edition. Chipman's Essay was the first original treatise on the subject written in the United States. (Verplanck's An Essay on the Doctrine of Contracts (1825) was the second.) In his Legal Bibliography (1847) Marvin criticized Chipman for "show[ing] what the law of contracts ought to be rather than what the law of contracts is" (189). This remark indicates Marvin's failure to grasp the changing nature of contract law, and it shows that Chipman's ideas were ahead of their time. Indeed, as Horwitz points out, Chipman was the first American to submerge the "dominant equity theory of contract in a conception of contractual obligation based exclusively on express bargains" determined by market values. Chipman [1765-1850] was a Vermont lawyer, a professor of law at Middlebury, a representative to the state legislature and the U.S. Congress and a delegate to several Vermont constitutional conventions.
Natural Law in Court
The theory of natural law grounds human laws in the universal truths of God’s creation. Until very recently, lawyers in the Western tradition studied natural law as part of their training, and the task of the judicial system was to put its tenets into concrete form, building an edifice of positive law on natural law’s foundations. Although much has been written about natural law in theory, surprisingly little has been said about how it has shaped legal practice. Natural Law in Court asks how lawyers and judges made and interpreted natural law arguments in England, Europe, and the United States, from the beginning of the sixteenth century to the American Civil War. R. H. Helmholz sees a r...
National Union Catalog of Manuscript Collections
Based on reports from American repositories of manuscripts.
The New Sabin
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