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Legal History - The Decline of Natural Law: How American Lawyers Once Used Natural Law and Why They Stopped

Description

Book Synopsis: An account of a fundamental change in American legal thought, from a conception of law as something found in nature to one in which law is entirely a human creation.

Before the late 19th century, natural law played an important role in the American legal system. Lawyers routinely used it in their arguments and judges often relied upon it in their opinions. Today, by contrast, natural law plays virtually no role in the legal system. When natural law was part of a lawyer's toolkit, lawyers thought of judges as finders of the law, but when natural law dropped out of the legal system, lawyers began thinking of judges as makers of the law instead.

In The Decline of Natural Law, the eminent legal historian Stuart Banner explores the causes and consequences of this change. To do this, Banner discusses the ways in which lawyers used natural law and why the concept seemed reasonable to them. He further examines several long-term trends in legal thought that weakened the position of natural law, including the use of written constitutions, the gradual separation of the spheres of law and religion, the rapid growth of legal publishing, and the position of natural law in some of the 19th century's most contested legal issues. And finally, he describes both the profession's rejection of natural law in the late 19th and early 20th centuries and the ways in which the legal system responded to the absence of natural law.

The first book to explain how natural law once worked in the American legal system, The Decline of Natural Law offers a unique look into how and why this major shift in legal thought happened, and focuses, in particular, on the shift from the idea that law is something we find to something we make.

Details

In today's ever-changing legal landscape, it is crucial to understand the history that paved the way for our current legal system. "The Decline of Natural Law: How American Lawyers Once Used Natural Law and Why They Stopped" is a captivating account of a fundamental change in American legal thought. This book, written by esteemed legal historian Stuart Banner, delves into the role natural law played in the American legal system before the late 19th century.

Lawyers of the past routinely used natural law in their arguments, and judges relied on it to shape their opinions. However, as times changed, natural law gradually lost its position in the legal system. Banner explores the causes and consequences of this shift, shedding light on the ways in which lawyers used natural law and why it seemed reasonable to them.

Through meticulous research, Banner identifies several long-term trends in legal thought that weakened the position of natural law. These include the use of written constitutions, the separation of the spheres of law and religion, the rapid growth of legal publishing, and the role of natural law in some of the most contentious legal issues of the 19th century.

By understanding the historical context and the reasons behind the decline of natural law, we gain valuable insights into our modern legal system. "The Decline of Natural Law" provides a comprehensive analysis of the legal profession's rejection of natural law in the late 19th and early 20th centuries, and how the legal system adapted to its absence.

If you are a legal professional, historian, or simply have an interest in the evolution of law, this groundbreaking book is a must-read. Gain a unique perspective on the shift from viewing law as something we find to something we make. Take the opportunity to delve into the fascinating world of legal history with "The Decline of Natural Law" by Stuart Banner.

Interested in uncovering the secrets behind the decline of natural law? Get your copy of "The Decline of Natural Law" today and embark on a journey that will reshape your understanding of our legal system.

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