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Excerpt from Lemuel Shaw: Chief Justice of the Supreme Judicial Court of Massachusetts, 1830-1860 IT is doubtful if the country has ever seen a more brilliant group of lawyers than was found in Boston during the first half of the last century. None butfa man of grand proportions could have emerged into prominence to stand with them. Webster, Choate, Story, Benjamin R. Curtis, Jeremiah Mason, the Hoars, Dana, Otis, and Caleb Cushing were among them. Of the lives and careers of all of these, full and adequate records have been written. But of him who was first their associate, and later their judge, the greatest legal figure of them all, only meagre accounts survive. It is in the hope of sup plying this deficiency, to some extent, that the following pages are presented. It may be thought that too great space has been given to a description of Shaw's forbears and early surroundings; but it is suggested that much in his character and later life is thus explained. His speeches are somewhat fully referred to f or the reason that they are nowhere collected. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
During his thirty years as Chief Justice of the Supreme Court of Massachusetts, from 1830 to 1860, Lemuel Shaw wrote approximately 2,200 opinions, probably setting a record. His writings covered the entire domain of jurisprudence, excepting admiralty, and no other state judge through his opinions alone had so great an influence on the course of American law. Through a critical study of Shaw's opinions, noted historian Leonard Levy reveals what Shaw's generation thought about the relation of the individual to the state, and of states to the nation, and how his peers perceived rights, duties, and liabilities, the roles of government, and the character of law itself. Each chapter stands as a selected aspect of American legal history--some cover the response of the law to a great social issue such as fugitive slavery or trade unionism, others attempt to show how and why changes in American industrial life necessitated accommodations in the law, and still others are concerned with the growth of legal doctrines of great consequence such as police power. Overall, the opinions of Justice Shaw illuminate how liberty and order were comparatively valued, which interests were deemed important enough to secure in legal moorings, and where the points of social tension, growth, and power were rooted.