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Author Brown, Kate Elizabeth (Katherine Elizabeth), author.

Title Alexander Hamilton and the development of American law / Kate Elizabeth Brown.

Publication Info. Lawrence, Kansas : University Press of Kansas, [2017]


Location Call No. OPAC Message Status
 Axe 2nd Floor Stacks  973.3 H18Bb 2017    ---  Available
Description xi, 308 pages ; 24 cm
text txt rdacontent
unmediated n rdamedia
volume nc rdacarrier
Bibliography Includes bibliographical references (pages 267-285) and index.
Contents Introduction: Alexander Hamilton, lawyer and lawmaker -- Creating the federal magistracy : discretionary power and the energetic executive -- Administrative accommodation in the federal magistracy -- Creating the "commercial republic" : neutrality and law in the American courts -- Developing the jurisprudence of federalism : Hamilton's defense of federal fiscal powers -- "A most valuable auxiliary" : securing foreign capital with the law of the land -- Litigation, liberty, and the law : Hamilton's common law rights strategy -- Conclusion: The federalist.
Summary "Alexander Hamilton is commonly seen as the standard-bearer of an ideology-turned-political party, the Federalists, engaged in a struggle for the soul of the young United States against the Anti-Federalists, and later, the Jeffersonian Republicans. Alexander Hamilton and the Development of American Law counters such conventional wisdom with a new, more nuanced view of Hamilton as a true federalist, rather than a one-dimensional nationalist, whose most important influence on the American founding is his legal legacy. In this analytical biography, Kate Elizabeth Brown recasts our understanding of Hamilton's political career, his policy achievements, and his significant role in the American founding by considering him first and foremost as a preeminent lawyer who applied law and legal arguments to accomplish his statecraft. In particular, Brown shows how Hamilton used inherited English legal principles to accomplish his policy goals, and how state and federal jurists adapted these Hamiltonian principles into a distinct, republican jurisprudence throughout the nineteenth century. When writing his authoritative commentary on the nature of federal constitutional power in The Federalist, Hamilton juxtaposed the British constitution with the new American one he helped to create ; when proposing commercial, monetary, banking, administrative, or foreign policy in Washington's cabinet, he used legal arguments to justify his desired course of action. In short, lawyering, legal innovation, and common law permeated Alexander Hamilton's professional career. Re-examining Hamilton's post-war accomplishments through the lens of law, Brown demonstrates that Hamilton's much-studied political career, as well as his contributions to republican political science, cannot be fully understood without recognizing and investigating how Hamilton used Anglo-American legal principles to achieve these ends. A critical re-evaluation of Hamilton's legacy, as well as his place in the founding era, Brown's work also enhances and refines our understanding of the nature and history of American jurisprudence. "-- Provided by publisher.
Alexander Hamilton never handed down decisions from a Supreme Court bench, nor did he write influential treatises on law. Yet he became the central figure in the development of American law in the early republic. Hamilton's authority over the formation of a republican jurisprudence both fit for a newly independent nation and compliant with the recently ratified Constitution was extensive; he transformed inherited imperial law into legal and constitutional principles befitting the American experiment in government, one that aimed to divide sovereignty among a central national government, individual states, and the American people Provided by publisher.
Subject Hamilton, Alexander, 1757-1804.
Hamilton, Alexander, 1757-1804. (OCoLC)fst00031768
Federal government. (OCoLC)fst00922333
Constitutional law -- United States -- History.
Federal government -- United States.
HISTORY / United States / Revolutionary Period (1775-1800).
LAW / Constitutional.
LAW / Corporate.
Constitutional law. (OCoLC)fst00875797
United States. (OCoLC)fst01204155
Genre/Form History. (OCoLC)fst01411628
ISBN 9780700624805 hardcover
0700624805 hardcover
9780700624812 electronic book
0700624813 electronic book
Standard No. CHVBK 491669895
CHBIS 010912827

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