{"product_id":"heart-versus-head-judgemade-law-in-nineteenthcentury-america-studies-in-legal-history-9780807823408","title":"Heart versus Head: Judge-Made Law in Nineteenth-Century America (Studies in Legal History)","description":"\u003cp\u003eChallenging 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 societys 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.\u003c\/p\u003e","brand":"My Store","offers":[{"title":"Default Title","offer_id":45651711983669,"sku":"ByrdShop_0807823406","price":100.51,"currency_code":"USD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0627\/8139\/0901\/files\/9780807823408.jpg?v=1781838030","url":"https:\/\/atxbooks.com\/products\/heart-versus-head-judgemade-law-in-nineteenthcentury-america-studies-in-legal-history-9780807823408","provider":"ATX Books","version":"1.0","type":"link"}