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Jurist

James Coolidge Carter

Common Law Founders and Commentators

James Coolidge Carter was an American lawyer and legal theorist who lived from 14 October 1827 to 14 February 1905, born in Lancaster, Massachusetts and educated at Harvard College and Harvard Law School. He built a prominent New York City practice and in 1854 helped found the firm that became Carter, Ledyard and Milburn, while emerging as the leading American opponent of the movement to replace judge-made common law with comprehensive statutory codes, a position that put him in direct and lasting opposition to the codifier David Dudley Field. He served on a New York City commission on municipal administration in 1875 under Governor Samuel Tilden and on the state's constitutional commission of 1888 under Governor David Hill, and President Benjamin Harrison appointed him counsel for the United States before the Bering Sea arbitration tribunal in 1892. He helped found and served as first president of the National Civic League, was elected to the American Philosophical Society in 1895 and the American Academy of Arts and Sciences in 1896, and his defense of the common-law method appears in his books The Provinces of the Written and the Unwritten Law of 1889 and the posthumously published Law, Its Origin, Growth and Function of 1907.

Facts
Role
Lawyer 2
Nationality / Jurisdiction
American 2
Born
1827 2
Birth Date
1827-10-14 2
Birthplace
Lancaster 2
Died
1905 2
Death Date
1905-02-14 2
Place of Death
New York City 2
Classification
Field of Law
Common Law 1
Gender
Male 1
Role
Role (category)
Lawyer 2
FAQs

Why did James Coolidge Carter oppose codifying New York law?

Carter held that judges rather than legislatures should develop the common law.

Carter was an influential legal theorist who believed that judges, rather than elected officials and legislative bodies, should have the primary role in developing and defining the common law. He became the central figure in opposition to the movement, led by David Dudley Field II, to have the legislature codify the state's substantive civil and criminal law. Largely because of Carter's opposition, the New York legislature repeatedly declined to enact Field's civil codes and did not adopt his criminal codes until the 1880s. Although a minority of states, including California, adopted Field's civil code, New York never did, so large parts of its tort and contract law remain uncodified today.
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Source James C. Carter (Wikipedia)tier 2
Sources
1. James C. Carter (Wikipedia)
Wikipedia
  • Introduction, gender
    James Coolidge Carter was a New York City lawyer, a partner in the firm that eventually became Carter Ledyard & Milburn, which he helped found in 1854.
  • Entity description, field of law
    He built a prominent New York City practice and in 1854 helped found the firm that became Carter, Ledyard and Milburn, while emerging as the leading American opponent of the movement to replace judge-made common law with comprehensive statutory codes, a position that put him in direct and lasting opposition to the codifier David Dudley Field.
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2. Wikidata: James Coolidge Carter
  • Wikidata Q16031169, occupation/position claims
    occupation/position claim resolves to: Lawyer
  • Wikidata Q16031169, P27 country of citizenship claim
    P27 (country of citizenship): United States
  • Wikidata Q16031169, P569 date of birth claim (year)
    P569 (date of birth): 1827
  • Wikidata Q16031169, P569 date of birth claim (full date)
    P569 (date of birth): 1827-10-14
  • Wikidata Q16031169, P570 date of death claim (year)
    P570 (date of death): 1905
  • Wikidata Q16031169, P570 date of death claim (full date)
    P570 (date of death): 1905-02-14
  • Wikidata Q16031169, P19 place of birth claim
    P19 (place of birth): Lancaster
  • Wikidata Q16031169, P20 place of death claim
    P20 (place of death): New York City
View the Source
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