Heart versus Head: Judge-Made Law in Nineteenth-Century America by Peter Karsten (Paperback, 2015)

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The central story of that era, he finds, was a struggle between a jurisprudence of the head, which adhered strongly to English precedent, and a jurisprudence of the heart, a humane concern for the rights of parties rendered weak by inequitable rules and a willingness to create exceptions or altogether new rules on their behalf.
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