About the book
Challenging traditional accounts of the development of American private law, Peter Karsten offers an important new perspective on the making of the rules of common law and equity in nineteenth-century courts. The central story of that era, he finds, was a struggle between a jurisprudence of the head, which adhered strongly to English precedent, and a jurisprudence of the heart, a humane concern for the rights of parties rendered weak by inequitable rules and a willingness to create exceptions or altogether new rules on their behalf. Karsten first documents the tendency of jurists, particularly those in the Northeast, to resist arguments to alter rules of property, contract, and tort law. He then contrasts this tendency with a number of judicial innovations — among them the sanctioning of 'deep pocket' jury awards and the creation of the attractive-nuisance rule — designed to protect society’s weaker members. In tracing the emergence of a pro-plaintiff, humanitarian jurisprudence of the heart, Karsten necessarily addresses the shortcomings of the reigning, economic-oriented paradigm regarding judicial rulemaking in nineteenth-century America.
Originally published in 1997.
A UNC Press Enduring Edition — UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Editions of Heart versus Head
- Hardcover
- ISBN 9780807823408
- Paperback
- ISBN 9781469629056
- EBook
- ISBN 9781469629063
- EBook
- ISBN 9798890868954
- EBook
- ISBN 9780807862353
- PDF
- ISBN 9798890868947
Read an Excerpt
Challenging traditional accounts of the development of American private law, Peter Karsten offers an important new perspective on the making of the rules of common law and equity in nineteenth-century courts. The central story of that era, he finds, was a struggle between a jurisprudence of the head, which adhered strongly to English precedent, and a jurisprudence of the heart, a humane concern for the rights of parties rendered weak by inequitable rules and a willingness to create exceptions or altogether new rules on their behalf. Karsten first documents the tendency of jurists, particularly those in the Northeast, to resist arguments to alter rules of property, contract, and tort law. He then contrasts this tendency with a number of judicial innovations — among them the sanctioning of 'deep pocket' jury awards and the creation of the attractive-nuisance rule — designed to protect society’s weaker members. In tracing the emergence of a pro-plaintiff, humanitarian jurisprudence of the heart, Karsten necessarily addresses the shortcomings of the reigning, economic-oriented paradigm regarding judicial rulemaking in nineteenth-century America.
Originally published in 1997.
A UNC Press Enduring Edition — UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Frequently Asked Questions
What is Heart versus Head about?
Challenging traditional accounts of the development of American private law, Peter Karsten offers an important new perspective on the making of the rules of common law and equity in nineteenth-century courts. The central story of that era, he finds, was a struggle between a jurisprudence of the head, which adhered strongly to English precedent, and a jurisprudence of the heart, a humane concern for the rights of parties rendered weak by inequitable rules and a willingness to create exceptions or altogether new rules on their behalf. Karsten first documents the tendency of jurists, particularly those in the Northeast, to resist arguments to alter rules of property, contract, and tort law. He then contrasts this tendency with a number of judicial innovations — among them the sanctioning of 'deep pocket' jury awards and the creation of the attractive-nuisance rule — designed to protect society’s weaker members. In tracing the emergence of a pro-plaintiff, humanitarian jurisprudence of the heart, Karsten necessarily addresses the shortcomings of the reigning, economic-oriented paradigm regarding judicial rulemaking in nineteenth-century America.
Originally published in 1997.
A UNC Press Enduring Edition — UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
What core themes, tropes, or subjects are explored in Heart versus Head?
History and Archaeology > History > History of the Americas
Where can I read a sample of Heart versus Head?
You can read an official preview of the few pages here https://www.book2look.com/book/9780807823408
How long is Heart versus Head and how many pages does it have?
Heart versus Head has 512 page(s)
Is Heart versus Head part of a series, and can it be read as a standalone?
Yes it is a part of series Studies in Legal History
Who is/are the Author/s of the book Heart versus Head?
Peter Karsten
What are the ISBN numbers for the physical and digital editions?
Heart versus Head is available as hardcover(ISBN 9780807823408) and paperback(ISBN 9781469629056) and ebook(ISBN 9781469629063) and ebook(ISBN 9798890868954) and ebook(ISBN 9780807862353) and pdf(ISBN 9798890868947)
Where can I buy Heart versus Head online or support local independent bookshops?
You can buy Heart versus Head from below
Where can I buy Heart versus Head?