Law in America : A Short History

  Author:    LAWRENCE M. FRIEDMAN
  ISBN:    0812972856
  Sales Rank:    53334
  Published:    2004-10-12
  Publisher:    Modern Library
  # Pages:    224
  Binding:    Paperback
  Avg. Rating:    5.0 based on 17 reviews
  Used Offers:    33 from $7.69
  Amazon Price:    $11.16
  (Data above last updated:  2008-08-18 08:11:22 EST)
  
  
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Law in America : A Short History
  
Throughout America’s history, our laws have been a reflection of who we are, of what we value, of who has control. They embody our society’s genetic code. In the masterful hands of the subject’s greatest living historian, the story of the evolution of our laws serves to lay bare the deciding struggles over power and justice that have shaped this country from its birth pangs to the present. Law in America is a supreme example of the historian’s art, its brevity a testament to the great elegance and wit of its composition.


From the Hardcover edition.
Although, in the eyes of many, the law "moves slowly and sluggishly" behind society's advances, Lawrence M. Friedman, in Law in America, a historical overview from colonial times to the present, posits that this is an "illusion." As surely as culture creates law, law creates culture. The American legal system--a bubbling mélange of common ("judge-made") and civil (derived from codes) law--is a "complicated beast," born of thousands of political entities. Originally a "crude and stripped down" descendant of English law, American law in the 19th century was often an instrument of "economic promotion." In the 20th century, with the rise of a national economy, an evermore heterogeneous population, waning federalism, and the rise of what Friedman calls the "administrative-welfare state," the law daily reached further, into the jurisdiction of civil rights of all stripes, product liability, malpractice, and environmental and antitrust considerations. Friedman's chapters on the colonial period and family law are strong, while his look at the contemporary legal climate drifts toward a general discussion of political and social mores. --H. O'Billovich
                  Reader Reviews 1 - 15 of 15                 
  
  
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05-13-07 5 (NA)
(Hide Review...)  Excellent intro to subject
Reviewer Permalink
I am a newcomer to this subject and found Prof. Friedman's book informative and approachable. Prior to this, I found reading about law pretty dry and boring compared to science (my usual preference), but this book managed to hold my interest from beginning to end. Taking a historical approach, Prof. Friedman shows how the law reflected changing social conditions and priorities as America evolved from a primitive, farming-based colony to a thriving industrial state. Overall this is a readable and interesting introduction to this important subject.
(Review Data Last Updated: 2008-08-18 08:13:03 EST)
02-12-07 4 (NA)
(Hide Review...)  A nice introduction
Reviewer Permalink
I am a lawyer working in Australia. I am planning to do more law study in the US later this year, and read this book on the recommendation of a professor. While a section of the book after the introduction is a little straight-forward and essentially like revision for someone familiar with the common law, the book then moves into a very accessible and engaging introduction to some major ideas, landmarks and (more or less) large-scale developments in American law. As such, it was a very useful guide to a lawyer with no real knowledge of American legal history. A nice, quick introduction which would enable the reader to delve deeper subsequently in some of the issues the book discusses.
(Review Data Last Updated: 2007-12-15 02:28:28 EST)
12-05-06 5 (NA)
(Hide Review...)  very well done...relevant and interesting
Reviewer Permalink
It is remarkable that Friedman can cover so much in such a short book, and he does it with great clarity. Moreover he excels in helping the reader feel connected to the material, making it seem more relevant and interesting. I've wanted to read the thicker Friedman book: A History of American Law, for years now, but have never gotten around to it. This much shorter book is something that can be read and easily digested in just a few days, and it has given me the increased motivation I've needed to commit to diving into Friedman's fatter history of law, as well as his similarly portly history of 20th century American law. This small volume is highly recommended as an introduction to a very engaging writer who has an admirable and extensive talent for clearly explaining the workings of our legal system and its history.
(Review Data Last Updated: 2007-12-15 02:28:28 EST)
08-22-05 5 4\4
(Hide Review...)  succinct
Reviewer Permalink
A brilliant survey of American legal history. Be advised that this edition seems to be an abridged version of two greater Lawrence Friedman works, A History of American Law and American Law in the 20th Century and if you're at all intrigued with this kind of work, or if this edition intrigues you, I do highly recommend those volumes.

This particular work is the kind of book you might want to send to family members curious about why you're going/have gone to law school, particularly as Mr. Friedman's prose is clear and quite readable, and won't intimidate people who are new to the law. A good sampler indeed.
(Review Data Last Updated: 2007-12-15 02:28:28 EST)
08-21-05 5 3\3
(Hide Review...)  succinct
Reviewer Permalink
A brilliant survey of American legal history. Be advised that this edition seems to be an abridged version of two greater Lawrence Friedman works, A History of American Law and American Law in the 20th Century and if you're at all intrigued with this kind of work, or if this edition intrigues you, I do highly recommend those volumes.

This particular work is the kind of book you might want to send to family members curious about why you're going/have gone to law school, particularly as Mr. Friedman's prose is clear and quite readable, and won't intimidate people who are new to the law. A good sampler indeed.
(Review Data Last Updated: 2006-12-05 19:59:06 EST)
08-07-05 5 3\3
(Hide Review...)  American Law in context
Reviewer Permalink
This pocket book by Lawrence Friedman is a beautifully crafted short history of American Law and the politics behind. It is neither a reference book nor an introduction to U.S. legal history, but a discourse (or journey) on the evolution of law in America. It is very evocative and generates a craving for more (for that there is a nice commented bibliography). Friedman finds space to comment the system ("In a common law system, the judges who write the opinions are crucial and important figures. To be more precise, the law gets made by appellate judges"), its procedures (The overwhelming majority of cases are never appealed to a higher court indeed, the overwhelming majority of controversies never get to the courts at all") and its inhabitants ("Americans, it is said, are more rights conscious than most citizens of other countries; more prone to sue for damages"). If those appears personal views, instead they are thoroughly thought, but supporting evidence should be found elsewhere. While this book is less than 200 pages, the number of issues dealt in the book is impressive, from slavery to punishment, from privacy to how insurance companies and other businesses have waged a campaign against excessive tort liability (famous fabricated horror stories: the psychic who got a million dollars for losing her psychic power; the woman who got millions for spilling hot coffee on herself ; the burglar who was hurt while burglarizing somebody's house, and sued the owners). A highly recommended book for all.

(Review Data Last Updated: 2007-12-15 02:28:28 EST)
08-06-05 5 2\2
(Hide Review...)  American Law in context
Reviewer Permalink
This pocket book by Lawrence Friedman is a beautifully crafted short history of American Law and the politics behind. It is neither a reference book nor an introduction to U.S. legal history, but a discourse (or journey) on the evolution of law in America. It is very evocative and generates a craving for more (for that there is a nice commented bibliography). Friedman finds space to comment the system ("In a common law system, the judges who write the opinions are crucial and important figures. To be more precise, the law gets made by appellate judges"), its procedures (The overwhelming majority of cases are never appealed to a higher court indeed, the overwhelming majority of controversies never get to the courts at all") and its inhabitants ("Americans, it is said, are more rights conscious than most citizens of other countries; more prone to sue for damages"). If those appears personal views, instead they are thoroughly thought, but supporting evidence should be found elsewhere. While this book is less than 200 pages, the number of issues dealt in the book is impressive, from slavery to punishment, from privacy to how insurance companies and other businesses have waged a campaign against excessive tort liability (famous fabricated horror stories: the psychic who got a million dollars for losing her psychic power; the woman who got millions for spilling hot coffee on herself ; the burglar who was hurt while burglarizing somebody's house, and sued the owners). A highly recommended book for all.

(Review Data Last Updated: 2006-07-06 16:37:28 EST)
05-03-05 5 (NA)
(Hide Review...)  Great Introduction
Reviewer Permalink
This is the perfect introduction to law, its history and current issues. Great stepping stone when wanting to move onto other books like Peter Iron's People's History of the Supreme Court. You can read this book in a day, and its arranged so it is like a reference.
(Review Data Last Updated: 2007-12-15 02:28:28 EST)
05-03-05 2 2\4
(Hide Review...)  Too much politics, not enough law
Reviewer Permalink
This book started out promisingly, and the first part of it is an interesting introduction to American law. Unfortunately, the last half of the book is almost exclusively about politics and administration. He spends whole sections on things like New Deal agencies and Great Society programs. Certainly, these were "laws" passed by Congress, but they don't tell us anything about the justice system. If you want to learn about the American legal system, I'd suggest Law 101 instead. It's not historically based, but you'll learn a lot more about how the system functions, and the principles on which it is based, than from this book.
(Review Data Last Updated: 2007-12-15 02:28:28 EST)
12-06-04 5 1\1
(Hide Review...)  USA Legal System From The 1600's To The Present
Reviewer Permalink
This is an excellent basic book on the evolution of our legal system for over 300 years. The sections of the book describing the colonial period were outstanding. The book shows how our legal system was derived from the English Common Law and how it differs from the legal systems in many parts of Europe. It details the evolution of the legal system from England to our American colonies even showing how the system evolved differently in each colony.
(Review Data Last Updated: 2006-07-06 16:37:28 EST)
07-04-04 5 1\1
(Hide Review...)  A Basic History of American Law
Reviewer Permalink
This book provides a very basic overview of the U.S. legal system. It is short, and a quick read without any jargon or difficult concepts.

This book would be ideal for a person who is not from the US, but who wants to know about how our justice system works and why it works that way. Much of it is a bit too basic for most US citizens who had Civics in high school and who watches Law and Order obsessively. I did learn a few things, though, so anyone who is interested in the US legal system (which, as anyone who watches Law and Order knows, can sometimes be quite complicated) might want to take a look if they want some of the more obscure rules and customs explained.

(Review Data Last Updated: 2006-07-06 16:37:28 EST)
06-02-04 5 1\2
(Hide Review...)  Law for the populous
Reviewer Permalink
This is a really good, easy to read book about the history of law in the US, from its origin to its interpretation to its practice.

As is mentioned in the book, politics and law are necessarily (and rightly) intertwined. Maybe all the left-leaning comments that some other reviewers mention went over my head (or maybe I just agreed with them), but I found this book to be a great explanation of how the system that guides our lives as American citizens was developed, and how it works today.

As I mentioned before, it is surprisingly easy to read, and a little fun as well. I would recommend it to anyone who wants to know more about how the world we live in really works.

(Review Data Last Updated: 2006-07-06 16:37:28 EST)
02-20-04 4 0\1
(Hide Review...)  Enjoyed it more than I expected
Reviewer Permalink
As I read through this pithy summary of American law, I was continually impressed by how rarely I disagreed with this obviously-liberal author's interpretations. Only when he suggested that the jury is still out on whether welfare reform has worked did I wonder what planet he's from.

What I found most intriguing was his suggestion that law is a (sometimes lagging) representation of the views of those with influence in society. For me, an "original intent" guy regarding Constitutional law, that was an interesting new thought.

Despite its title, this is a very interesting book, and a short easy read.

(Review Data Last Updated: 2006-07-06 16:37:28 EST)
01-23-04 2 5\12
(Hide Review...)  A little too basic, a little too smarmy
Reviewer Permalink
Although I mostly enjoyed this work, I have three main problems with it:

1) It is too basic -- while it gave glimpses of the philosophical state of US law, it never felt like it fully plunged into a discussion of it. Instead, there is a never ending litany of facts, cases, and historical cirumstances. With so slender a volume, you can either take a fact based approach or a "what does it all mean" interpretative approach. This is fact based. This would be a great book for a high school junior, but anyone who reads the paper would be familiar with most of the contents.

2)Too isolated -- the US has a very unique legal system. I have some sense why this is so from the first chapter here. Yet, I was hoping for more international comparisons on just how different and unique the US really is.

3)Liberal smarmyness -- here I'll simply quote "A child is kidnapped, raped, murdered -- and the angry grief of millions turns into some draconian new law which responds psychologically (if not logically) to the publics demands ... "Megan's Law" insists that sex offenders register and be made known to neighbors, if necessary. It is a kind of leper's bell around the neck of men once convicted of sex crimes."

I have rarely encountered such a smarmy and elite liberal tone. A case is not made for the point of view. Your agreement is simply assumed. Why, of course, such a "draconian" act must be simply psychological cotten candy given out to an uninformed child like public.

A 12 year old here in Boston was murdered last weekend by one of your "leper's" ... . Unfortunately, the state didn't enforce the law and the "bell" wasn't rung. Maybe her fate would have been different. But, from your tone, I suppose this simply indicates my emotionalism and lack of informed understanding.

(Review Data Last Updated: 2006-07-06 16:37:28 EST)
07-08-03 5 1\3
(Hide Review...)  I like it.
Reviewer Permalink
It is the first book I read about law. I borrowed this book from library just want to know a little about law. But it turns out that I really like it and I decided to buy it. I think it make me think a lot about the law itself and the culture of the law and make the law. The only shortcoming is I think it could better if it explains a little more context for each important case. That can help me understand the issue and the background.
(Review Data Last Updated: 2006-07-06 16:37:28 EST)
  
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