Skip to main content Accessibility help
×
Hostname: page-component-5c6d5d7d68-xq9c7 Total loading time: 0 Render date: 2024-08-24T11:16:17.223Z Has data issue: false hasContentIssue false

Preface

Published online by Cambridge University Press:  05 April 2019

Andrew Forsyth
Affiliation:
Yale University, Connecticut
Get access

Summary

Despite today’s prevailing wisdom that common law and natural law are separate and distinct ideas, in reality, a centuries-long stream of American legal thought presupposed—sometimes tacitly, sometimes explicitly—that they are intertwined. Natural law, in short, undergirded the development of American jurisprudence. Contemporary debates on law, morality, and religion lack this historical memory and suffer accordingly. What the concepts meant to those who invoked them, however, requires careful delineation. We cannot generalize. The Puritans’ “natural law” was not the Revolutionaries’. Nor was the “common law” of Joseph Story, the fabled nineteenth-century jurist, altogether that of William Blackstone, its chief eighteenth-century organizer. And so, even as we recognize that American understandings of common law, natural law, and their relationship have changed, whether for good or ill, we can see that for much of American history it was assumed that common law—far from wholly detached from moral considerations—was, indeed, not just in fundamental harmony with natural law, but structured and justified by way of reference to it.
Type
Chapter
Information
Common Law and Natural Law in America
From the Puritans to the Legal Realists
, pp. xi - xiv
Publisher: Cambridge University Press
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Preface
  • Andrew Forsyth, Yale University, Connecticut
  • Book: Common Law and Natural Law in America
  • Online publication: 05 April 2019
  • Chapter DOI: https://doi.org/10.1017/9781108576772.001
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Preface
  • Andrew Forsyth, Yale University, Connecticut
  • Book: Common Law and Natural Law in America
  • Online publication: 05 April 2019
  • Chapter DOI: https://doi.org/10.1017/9781108576772.001
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Preface
  • Andrew Forsyth, Yale University, Connecticut
  • Book: Common Law and Natural Law in America
  • Online publication: 05 April 2019
  • Chapter DOI: https://doi.org/10.1017/9781108576772.001
Available formats
×