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IMAGINING THE LAW

COMMON LAW AND THE FOUNDATIONS OF THE AMERICAN LEGAL SYSTEM

A well-researched but deliberately conversational look at the ``social, political, and cultural factors'' behind the origins and development of common law. In his approach to legal history, Cantor (Medieval Lives, 1994, etc.) draws on an idea from sociology: A developing system reaches a point at which ``compelling ideas and social structures attain a centrality of power that is expressed in a deep structure.'' He says that our legal system's deep structure emerged during the 12th century and was largely in place by the time of Henry VIII. One notable feature of that development was the jury of verdict; some early defendants agreed to it only because of judges' trickery or pressure—occasionally literal (stones were piled on the defendant's chest until he died or accepted the jury trial). Another feature was that the gentry shaped and exploited common law to serve their interests, particularly their interest in land. On the other hand, courts became willing to consider oral contracts and personal actions, such as liability—a change that eventually put legal remedy into the hands of the lower classes. Cantor's narrative is most engaging when he focuses on people, whether as social classes or individuals (e.g., his portrait of eminent lawyer Sir Edward Coke scrapping with King James I). At times, Cantor indulges in moments not so much of controversy as of baiting, as when discussing how 19th-century courts relaxed liability standards and took the heat off industrialists whose machines could mangle and kill workers. But hey, says Cantor, Germany and Japan, which industrialized with less brutal side effects, started terrible wars. That he conceives of no third possibility suggests at least a failure of imagination. Whether or not one agrees with Cantor's take on specifics, he persuasively argues that common law's roots are so deeply embedded in our culture that even a new Ice Age might not kill them.

Pub Date: Oct. 1, 1997

ISBN: 0-06-017194-4

Page Count: 464

Publisher: HarperCollins

Review Posted Online: May 19, 2010

Kirkus Reviews Issue: Aug. 15, 1997

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THE ELEMENTS OF STYLE

50TH ANNIVERSARY EDITION

Stricter than, say, Bergen Evans or W3 ("disinterested" means impartial — period), Strunk is in the last analysis...

Privately published by Strunk of Cornell in 1918 and revised by his student E. B. White in 1959, that "little book" is back again with more White updatings.

Stricter than, say, Bergen Evans or W3 ("disinterested" means impartial — period), Strunk is in the last analysis (whoops — "A bankrupt expression") a unique guide (which means "without like or equal").

Pub Date: May 15, 1972

ISBN: 0205632645

Page Count: 105

Publisher: Macmillan

Review Posted Online: Oct. 28, 2011

Kirkus Reviews Issue: May 1, 1972

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NUTCRACKER

This is not the Nutcracker sweet, as passed on by Tchaikovsky and Marius Petipa. No, this is the original Hoffmann tale of 1816, in which the froth of Christmas revelry occasionally parts to let the dark underside of childhood fantasies and fears peek through. The boundaries between dream and reality fade, just as Godfather Drosselmeier, the Nutcracker's creator, is seen as alternately sinister and jolly. And Italian artist Roberto Innocenti gives an errily realistic air to Marie's dreams, in richly detailed illustrations touched by a mysterious light. A beautiful version of this classic tale, which will captivate adults and children alike. (Nutcracker; $35.00; Oct. 28, 1996; 136 pp.; 0-15-100227-4)

Pub Date: Oct. 28, 1996

ISBN: 0-15-100227-4

Page Count: 136

Publisher: Harcourt

Review Posted Online: May 19, 2010

Kirkus Reviews Issue: Aug. 15, 1996

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