The Law's Conscience

Equitable Constitutionalism in America

By:

Peter Charles Hoffer

Format:

Paperback / softback

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Description

The Law's Conscience is a history of equity in Anglo-American juris-prudence from the inception of the chancellor's court in medieval England to the recent civil rights and affirmative action decisions of the United States Supreme Court. Peter Hoffer argues that equity embodies a way of looking at law, including constitutions, based on ideas of mutual fairness, public trusteeship, and equal protection. His central theme is the tension between the ideal of equity and the actual availability of equitable remedies. Hoffer examines this tension in the trusteeship constitutionalism of John Locke and Thomas Jefferson; the incorporation of equity in the first American constitutions; the antebellum controversy over slavery; the fortunes of the Freedmen's Bureau after the Civil War; the emergence of the doctrine of ""Balance of Equity"" in twentieth-century public-interest law; and the desegregation and reverse discrimination cases of the past thirty-five years. Brown v. Board of Education (1954) was the most important equity suit in American history, and Hoffer begins and ends his book with a new interpretation of its lessons.

Author Biography:

Peter Charles Hoffer is Distinguished Research Professor of History at the University of Georgia. Williamjames Hull Hoffer is assistant professor of history at Seton Hall University. N. E. H. Hull is Distinguished Professor of Law at Rutgers University Law School. Collectively they have authored, coauthored, and edited more than three dozen books.

Release date NZ

November 30th, 1990

Author

Peter Charles Hoffer

Audiences

General (US: Trade)
Undergraduate

Edition

New edition

Pages

316

Dimensions

156x235x24

ISBN-13

9780807842942

Product ID

7559203

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