Joseph Story and the Comity of Errors
A Case Study in Conflict of Laws

Alan Watson

Reviews

"[Watson’s] ideas are presented clearly, developed logically, and argued creatively. Recommended highly to undergraduates and lay readers interested in the development of ideas and the interpretation of law."
Choice

"A tour de force . . . A painstaking case study in the development of an important, but to most nonlawyers esoteric, legal doctrine."
—H. Jefferson Powell, Duke University


"Watson gracefully balances the need for brevity and readable prose with an elegantly reasoned argument. Along the way, he simultaneously produces a startling reevaluation of the Dred Scott decision and continues, with some gentle caveats, his long-term effort to correct the currently fashionable overemphasis on the social and economic origins of legal change."
Southern Historian

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Description

Joseph Story and the Comity of Errors examines the decisions of Supreme Court justice and Harvard law professor Joseph Story (1779–1845). According to Alan Watson, Story erred in his interpretation of Dutchman Ulrich Huber’s theory of comity—the respect accorded by one sovereignty to another sovereignty’s laws. Watson suggests that it is because of Story’s misinterpretation that the Dred Scott case went before the United States Supreme Court, whose notorious ruling against Scott fed directly into heated sectional conflict that culminated in the Civil War. Demonstrating the odd twists and turns that legal development sometimes takes, the book is also a fascinating case study that reveals much about the relationship of law to society.

Page count: 152
Trim size: 6 x 9

 



Paper
List price: $22.95
978-0-8203-4150-7
10/1/2012

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Alan Watson, Distinguished Research Professor and Ernest P. Rogers Chair at the University of Georgia School of Law, is regarded as one of the world’s foremost authorities on Roman law, comparative law, legal history, and law and religion.