Monday, July 21, 2008

Law in America - Lawrence Friedman (3 of 5 Lawsuits)

Law in America (A Short History) tracks the development of law in North America from its birth in the colonies to the present day. Friedman begins by describing how the colonists adapted the common law system of England to their new environment. The serious lack of trained lawyers in the colonies produced a mish mash of laws and ordinances strung together from what the common folk remembered seeing back home. Isn't that amusing... No wonder it's so complicated.

One important difference between England and the colonies was the availability of land. Much of the laws in England were created to protect the rights of the landed nobility. America on the other hand had an abundance of land. That was not their first concern. Instead, they focused their energies on protecting their rights in regards to distant crown, ultimately drafting the constitution and bill of rights.

After he establishes the foundation, Friedman proceeds to give a short history of the various branches of law dealing with issues such as slavery, voting, business, family relations, education, civil rights, gender equality, etc. He discusses superficially important cases related to each issue and how the law as a whole has evolved over time in response to changes in society.

He finishes with an assessment of how the recent innovations in media have affected law and politics. Even though he may be correct in some ways about the current status of America, I disliked his cynical view of our future. His harsh ending provides the capstone for the sarcastic tone that he carries throughout the book. Perhaps if he had ended with something a little more inspirational, I would have forgotten about the sarcasm. This way however, brought it to the forefront and left a bad taste in my mouth.

It was informative, but not uplifting. Skip this one. I'm sure there are many other resources out there for learning about the legal system in America.

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