國立虎尾科技大學 |

The Private Law of Emergency : = A Study of the American Law of Contract, 1860-1940.

Record Type:	Language materials, manuscript : Monograph/item
Title/Author:	The Private Law of Emergency :/
Reminder of title:	A Study of the American Law of Contract, 1860-1940.
Author:	Adams, Michael Walter Robert.
Description:	1 online resource (299 pages)
Notes:	Source: Dissertations Abstracts International, Volume: 85-10, Section: A.
Contained By:	Dissertations Abstracts International85-10A.
Subject:	Law. -
Online resource:	click for full text (PQDT)
ISBN:	9798382215563

The Private Law of Emergency : = A Study of the American Law of Contract, 1860-1940.
Adams, Michael Walter Robert.

The Private Law of Emergency :A Study of the American Law of Contract, 1860-1940. - 1 online resource (299 pages)

Source: Dissertations Abstracts International, Volume: 85-10, Section: A.

Thesis (J.S.D.)--Columbia University, 2024.

Includes bibliographical references

The Private Law of Emergency traces the development of the American law of contract in response to four emergencies that occurred between 1860-1940 - the Civil War, World War I, the 1918 pandemic, and the Great Depression. It traces the development of an idea - that the purpose of the law of contract is to preserve certain features of civil society and in this way guard against the corrosive effects of emergency on that society. The thesis explores three broad themes; first, that private law provides a means by which courts have managed the resolution of an emergency; second, that that the way courts have applied private law in response to emergency can tell us something about the true values underlying private law; and third, that the way courts have applied private law in response to emergency tells us something about the public law of emergency - and in particular, the capacity of emergency powers to affect private rights. The thesis considers these developments in the context of parallel developments in legal method - most particularly, the rise of formalism in private law - in the law of equity, and in the positioning of commerce as central to the maintenance of the legitimacy of the American constitutional system across this period. It demonstrates that these developments have suppressed the early tendency of the common law to operate as a form of emergency law.

Electronic reproduction.
Ann Arbor, Mich. :
ProQuest,
2024

Mode of access: World Wide Web

ISBN: 9798382215563Subjects--Topical Terms:

671705
Law.
Subjects--Index Terms:

American lawsIndex Terms--Genre/Form:

554714
Electronic books.

The Private Law of Emergency : = A Study of the American Law of Contract, 1860-1940.
LDR:02719ntm a22003737 4500 001 1152460
005 20241203090600.5
006 m o d
007 cr mn ---uuuuu
008 250605s2024 xx obm 000 0 eng d
020 $a 9798382215563
035 $a (MiAaPQ)AAI31145371
035 $a AAI31145371
040 $a MiAaPQ $b eng $c MiAaPQ $d NTU
100 1 $a Adams, Michael Walter Robert. $3 1479460
245 1 4 $a The Private Law of Emergency : $b A Study of the American Law of Contract, 1860-1940.
264 0 $c 2024
300 $a 1 online resource (299 pages)
336 $a text $b txt $2 rdacontent
337 $a computer $b c $2 rdamedia
338 $a online resource $b cr $2 rdacarrier
500 $a Source: Dissertations Abstracts International, Volume: 85-10, Section: A.
500 $a Advisor: Waxman, Matthew;Greene, Jamal.
502 $a Thesis (J.S.D.)--Columbia University, 2024.
504 $a Includes bibliographical references
520 $a The Private Law of Emergency traces the development of the American law of contract in response to four emergencies that occurred between 1860-1940 - the Civil War, World War I, the 1918 pandemic, and the Great Depression. It traces the development of an idea - that the purpose of the law of contract is to preserve certain features of civil society and in this way guard against the corrosive effects of emergency on that society. The thesis explores three broad themes; first, that private law provides a means by which courts have managed the resolution of an emergency; second, that that the way courts have applied private law in response to emergency can tell us something about the true values underlying private law; and third, that the way courts have applied private law in response to emergency tells us something about the public law of emergency - and in particular, the capacity of emergency powers to affect private rights. The thesis considers these developments in the context of parallel developments in legal method - most particularly, the rise of formalism in private law - in the law of equity, and in the positioning of commerce as central to the maintenance of the legitimacy of the American constitutional system across this period. It demonstrates that these developments have suppressed the early tendency of the common law to operate as a form of emergency law.
533 $a Electronic reproduction. $b Ann Arbor, Mich. : $c ProQuest, $d 2024
538 $a Mode of access: World Wide Web
650 4 $a Law. $3 671705
650 4 $a American history. $3 1179188
650 4 $a American studies. $3 1179345
653 $a American laws
653 $a Law of contract
653 $a American constitution
655 7 $a Electronic books. $2 local $3 554714
690 $a 0398
690 $a 0323
690 $a 0337
710 2 $a ProQuest Information and Learning Co. $3 1178819
710 2 $a Columbia University. $b Law. $3 1192524
773 0 $t Dissertations Abstracts International $g 85-10A.
856 4 0 $u http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=31145371 $z click for full text (PQDT)