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NCJRS Abstract

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NCJ Number: 120861 Find in a Library
Title: Intellectual Origins of the State Police Power: The Common Law Vision of a Well-Regulated Society
Author(s): W J Novak
Date Published: 1989
Page Count: 112
Sponsoring Agency: University of Wisconsin-Madison
Madison, WI 53706
Sale Source: University of Wisconsin-Madison
Law School
Institute for Legal Studies
Madison, WI 53706
United States of America
Type: Issue Overview
Language: English
Country: United States of America
Annotation: This paper explores the legal and intellectual backdrop to the emergence of State regulatory power (police power) in the early nineteenth century.
Abstract: Assertions are made that the traditional categories used to interpret legal change in this period, such as, constitutionalism, liberalism, and instrumentalism, have blinded us to an extraordinary legal and political discourse that imposes antebellum legal decisions on private rights and public regulations. This concept has been labeled "the common law vision of a well-regulated society." It focuses on man as a social being in society on the pragmatic, historical, methodology that is enshrined in a dynamic, pre-Enlightenment conception of the common law, and with the overall concern that the public happiness be determined through a well-regulated society. (Author abstract modified)
Main Term(s): Police-citizen interactions
Index Term(s): Social control theory; Social psychology
Note: Legal History Program, working papers series 3
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