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Popular Law-making   By: (1855-1943)

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Popular Law-making by Frederic Jesup Stimson is a remarkable exploration of the complex process of law-making within a democratic society. Stimson's keen understanding of legal systems and his mastery in presenting intricate concepts in an accessible manner make this book a valuable resource for both legal scholars and the general public.

One of the book's greatest strengths is its comprehensive analysis of the various actors involved in the law-making process. Stimson delves into the roles played by legislators, judges, and citizens, highlighting the interplay between their respective powers and the impact they have on shaping the law. By providing numerous examples and case studies, Stimson effectively demonstrates how the individual actions of both elected officials and ordinary citizens contribute to the evolution of legal frameworks.

Furthermore, Stimson's examination of the historical context in which laws are created adds depth and nuance to his analysis. He skillfully weaves together historical anecdotes, legislative debates, and societal dynamics to shed light on the underlying motivations behind specific legal decisions. This historical perspective serves as a reminder that law-making is not a static process but rather a reflection of the values and beliefs of a particular era.

In addition to its rich content, Popular Law-making stands out for the clarity of its prose and its ability to address complex ideas without sacrificing readability. Stimson's writing style is engaging and accessible, making the book suitable for both legal experts and lay readers seeking a comprehensive understanding of the law-making process. The author's use of succinct explanations, along with the inclusion of relevant legal jargon, ensures that readers can grasp the intricacies of the subject matter without feeling overwhelmed.

While Stimson's work is undoubtedly informative, it also raises thought-provoking questions about the relationship between law-making and democracy. By exploring the potential tension between the will of the majority and the protection of individual rights, this book encourages readers to examine the inherent challenges in popular law-making. Stimson's nuanced analysis encourages readers to critically evaluate the democratic process and its effect on the creation of just and equitable laws.

However, one minor criticism is that the book occasionally lacks in-depth exploration of certain legal concepts, leaving readers wanting more detailed explanations or comparisons. Nonetheless, this minor shortfall does not detract significantly from the overall value and impact of the book.

In conclusion, Popular Law-making is an essential read for anyone seeking a comprehensive understanding of the law-making process in democratic societies. Frederic Jesup Stimson's expert analysis, engaging writing style, and thought-provoking commentary make this book an outstanding resource for legal scholars, policymakers, and individuals interested in the intersection of law and democratic governance. It is a testament to Stimson's mastery of the subject matter and his commitment to shedding light on the complexities and nuances of popular law-making.

First Page:

POPULAR LAW MAKING

A STUDY OF THE ORIGIN,

HISTORY, AND PRESENT TENDENCIES

OF LAW MAKING BY STATUTE

BY

FREDERIC JESUP STIMSON

PROFESSOR OF COMPARATIVE LEGISLATION IN HARVARD UNIVERSITY

"NOW, MY LORD, I DO THINK, THAT PRACTICE AND USAGE IS A GREAT EVIDENCE OF THE LAW." CHIEF JUSTICE HOLT, IN "THE GREAT CASE OF MONOPOLIES." 7 STATE TRIALS, 497

1911

TABLE OF CONTENTS

I. THE ENGLISH IDEA OF LAW

Proper Field of Legislation; Meaning of the Word "Law,"; Modern Importance of Statute Law; Representative Government and the Right to Law; Enforcement of the Common Law; Origin of Representative Legislatures; Customary or Natural Law; No Sanction Necessary; The Unwritten Law and Outlawry; Early Parliament Merely Judicial; Contrast of Common Law with Roman Law; Theory that the King Makes Law; Parliament Retains the Right to Tax; Parliament Recovers Legislative Powers.

II. EARLY ENGLISH LEGISLATION AND MAGNA CHARTA

Constructive Legislation a New Idea; Statutes Increase of Late Years; Sociological Legislation only Considered; Early Legislation Political; English Law not Codified; Early Anglo Saxon Laws; Freedom Gained in Guilds; Threefold Division of Government; No Constitution Controls Parliament; Restoration of English Law After the Conquest; Taxation by Common Consent; Earliest Social Statute; Recognition of Personal Property; Law of Land Tenure; The Charter of Liberties; Early Methods of Trial; Distinction Between Sin and Crime; Church Law Governs Sin; Important Clauses of Magna Charta; Freedom of Trade; Taxation for the Common Benefit; The Great "Liberty" Clause; "Administrative" Law not English; No Government Above Law... Continue reading book >>




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