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Alexander Hamilton and the Development of American Law

Amazon.com Price:  $31.92 (as of 06/05/2019 10:02 PST- Details)

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Description

Alexander Hamilton is frequently seen as the usual-bearer of an ideology-turned-political party, the Federalists, engaged in a struggle for the soul of the young United States against the Anti-Federalists, and later, the Jeffersonian Republicans. Alexander Hamilton and the Development of American Law counters such conventional wisdom with a new, more nuanced view of Hamilton as a true federalist, moderately than a one-dimensional nationalist, whose most important influence on the American founding is his legal legacy.

In this analytical biography, Kate Elizabeth Brown recasts our understanding of Hamilton’s political career, his policy achievements, and his significant role in the American founding by bearing in mind him firstly as a preeminent lawyer who applied law and legal arguments to accomplish his statecraft. In particular, Brown shows how Hamilton used inherited English legal principles to accomplish his policy goals, and how state and federal jurists adapted these Hamiltonian principles into a distinct, republican jurisprudence all through the nineteenth century. When writing his authoritative statement on the nature of federal constitutional power in The Federalist, Hamilton juxtaposed the British constitution with the new American one he helped to create; when proposing commercial, monetary, banking, administrative, or foreign policy in Washington’s cabinet, he used legal arguments to justify his desired plan of action. In short, lawyering, legal innovation, and common law permeated Alexander Hamilton’s professional career.

Re-examining Hamilton’s post-war accomplishments through the lens of law, Brown demonstrates that Hamilton’s much-studied political career, in addition to his contributions to republican political science, cannot be fully understood without recognizing and investigating how Hamilton used Anglo-American legal principles to succeed in these ends. A critical re-evaluation of Hamilton’s legacy, in addition to his place in the founding era, Brown’s work also enhances and refines our understanding of the nature and history of American jurisprudence.

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