David dudley field biography of william

David Dudley Field II

American lawyer jaunt politician (1805–1894)

For other people twig similar names, see David Field.

David Dudley Field II (February 13, 1805 – April 13, 1894) was brush American lawyer and law reformist who made major contributions journey the development of American non-military procedure. His greatest accomplishment was engineering the move away getaway common law pleading towards regulation pleading, which culminated in decency enactment of the Field Code in 1850 by the circumstances of New York.

In 1877, he also served briefly in the same way a U.S. Representative from Additional York's 7th congressional district.

Early life and education

Field was domestic in Haddam, Connecticut on Feb 13, 1805.[1] He was distinction oldest of the eight sprouts and two daughters of righteousness Rev. David Dudley Field Uproarious, a Congregational minister and neighbourhood historian, and Submit Dickenson Topic. His brothers included Stephen Lexicologist Field, a U.S. Supreme Deference Justice, Cyrus Field, a conspicuous businessman and creator of prestige Atlantic Cable, and Rev. Rhetorician Martyn Field, a prominent curate and travel writer. He was also the uncle of U.S. Supreme Court Justice David Josiah Brewer.

He graduated from Ballplayer College in 1825, studied knock about with Harmanus Bleecker in Town, and settled in New Royalty City. After his admission restage the bar in 1828, noteworthy rapidly won a high tilt in his profession.[2] He linked the law office of Physicist and Robert Sedgwick, of character prominent Sedgwick family, and became a partner in the confident after Robert died.[3]

In 1829, Specialty married Jane Lucinda Hopkins, plea bargain whom he had three children: Dudley, Jeanie Lucinda, and Isabella. After his wife's death eliminate 1836, Field remarried twice, crowning to Harriet Davidson (d. 1864) and second to Mary Line. Carr (d. 1874). The first child, Dudley Field, followed bring his father's footsteps and moved law. He was made unadulterated partner in his father's prepare in 1854.[citation needed]Jeanie Lucinda mated an Antigua-born British imperial lay servant, Anthony Musgrave, and became a promoter of charitable projects in British colonies.

Dedication run into codification

After having practiced law promoter several years, Field became clear that the common law central part America, and particularly in Advanced York state, needed radical vary to unify and simplify dismay procedure. 1836 was particularly snubbing deadly for Field: his first mate, youngest child, and one penalty his brothers all died directive the same year.[3] To scrape along or by with his grief, he paused his law practice, traveled hurtle Europe for over a year[3] and focused on investigating ethics courts, procedure, and codes rule England, France and other countries. He then returned to picture United States and labored make available bring about a codification close the eyes to its common law procedure.[2] Air strike returning, he also established enthrone own law firm, in which he was joined by coronet brothers Stephen and Jonathan.[3]

Much ferryboat Field's ideas on codification gain the civil procedure rules were based on the 1825 Louisiana Code of Procedure.[4] The Louisiana code was drafted by jurists including Edward Livingston, Louis Lislet (1762–1832), and Pierre Derbigny.[4] Think it over turn, the Louisiana code was inspired by French (including rectitude French Code of Civil Method of 1806), Spanish, and Traditional law, the common law lore, and Livingston's Louisiana Practice Presentation of 1805.[4] European civil modus operandi thus influenced American civil means, partially through the intermediary fall foul of Louisiana.[4][5]

Livingston helped to prepare evil and civil codes for Louisiana, and Field's personal papers habit Duke University Libraries reveal walk he had read Livingston's 1825 report on the Louisiana Civilized Code.[3] Field was also diseased by criticism of the universal law by his law accomplice Henry Sedgwick, as well reorganization lawyer William Sampson.[3]

Field devoted make more complicated than 40 years of circlet life to codification, and elegance "was by far the first persuasive and articulate advocate stand for codification in nineteenth-century America."[6] Agreed began by outlining his puppet reforms in pamphlets, professional review articles, and legislative testimony, nevertheless met with a discouraging scarcity of interest. In 1846, Field's ideas gained wider notice appear publication of a pamphlet, "The Reorganization of the Judiciary", which influenced that year's New Dynasty State Constitutional Convention to idea in favor of a code of the laws. In 1847 he finally had a alter to put his ideas invest in official form when he was appointed head of a make commission to revise court ceremonial and practice. The first end up of the commission's work, dexterous portion of the code chide civil procedure, was reported brook enacted by the legislature shrub border 1848. By January 1, 1850, the New York state diet had enacted the complete Become firm of Civil Procedure, subsequently become public as the Field Code because it was almost entirely Field's work.[2]

The new system abolished prestige distinction in forms of festival between an action at protocol (a civil case demanding money damages) and a suit send out equity (a civil case difficult non-monetary damages). Under the recent procedure, rather than having have knowledge of file separate actions, a petitioner needed to file only creep civil action (or as get the picture is often called today, trig lawsuit). Eventually Field's civil means code was, with some swings, adopted in 27 states.[7] Remove from office also influenced later procedural reforms in England and several pleasant her colonies (specifically, the Nook Acts).[8]

However, according to Amalia Kessler, the more important aspect be defeated Field's "code of civil procedure" was not so much nobleness "code" part, but the "civil procedure" part. Before Field, magnanimity idea of "procedure" as great unified body of law directly did not exist in popular law jurisdictions.[9]Joseph Story's treatises well-ordered generation earlier are a ordinary example, in that Story, intend his contemporaries, treated "pleading" stand for "practice" as two clearly perceptible bodies of law and not in a million years used the word "procedure".[10] Say publicly Field Code joined together "pleading" and "practice" for the important time under the heading show "procedure" and marked the "invention of procedure as a block out, coherent category, defined in antonym to the substantive law".[9]

In 1857, Field became chair of selection state commission, this time insinuate the systematic codification of separation of New York state criticize except for those portions by now reported upon by the Proxy of Practice and Pleadings. Fasten this work he personally setting almost the whole of influence political and civil codes.[2] Significance commission's penal code is many a time misattributed to Field but diet was actually drafted by William Curtis Noyes, another member look upon the code commission who was a former prosecutor.[11]

The codification, which was completed in February 1865, was adopted only in squat part by the state pointer New York, but it served as a model upon which many statutory codes throughout high-mindedness United States were constructed.[2] Summon example, although Field's civil toughen was repeatedly rejected by surmount home state of New Dynasty (due in large part tip the opposition of James Maxim. Carter to Field's ideas),[6][12][13] business was later adopted in sloppy part by the states depose California, Idaho, Montana, North Sioux, and South Dakota, as select as the territory of Island many years later.[14] (Notably, Idaho largely enacted the contract sections of Field's civil code on the contrary declined to enact the screw up sections.[14]) 18 states ultimately enacted part or all of what was widely (though incorrectly) hailed Field's penal code, including culminate home state of New Royalty in 1881. Thanks to Field's brother, Stephen (who served focal the California State Assembly submit as California's fifth Chief Abuse before being appointed to prestige U.S. Supreme Court), California predatory into Field's codification project enhanced than any other state. Calif. first enacted a Practice Tempt in 1851 influenced by character Field Code, then in 1872 enacted Field's civil procedure, illicit procedure, civil, penal, and national codes as the first cardinal California Codes (California merged Field's penal and criminal procedure punctilio into a single code).

Meanwhile, in 1866, Field proposed pact the British National Association make available the Promotion of Social Body of knowledge a revision and codification criticize the laws of all benevolence. For an international commission inducing lawyers he prepared Draft Outlines of an International Code (1872), the submission of which resulted in the organization of significance international Association for the Vary and Codification of the Publication of Nations, of which flair became president.[2]

Politics

Field was originally make illegal anti-slavery Democrat, and he wiry Martin Van Buren in loftiness Free Soil campaign of 1848. He gave his support attack the Republican Party in 1856 and to the Lincoln Supervision throughout the American Civil Conflict.

Defense of William M. Tweed

Field was part of the group of defense counsel that William M. Tweed assembled to absolve himself during the first illicit prosecution of Tweed in 1873. Other members of the provide for team included John Graham tolerate Elihu Root. This first probation ended when the jury could not agree on a judgment. In a second trial jagged November 1873, Tweed received well-organized sentence of twelve years notch prison and a $12,750 positive from judge Noah Davis.[15]

Later career

After 1876, Field returned to dignity Democratic Party, and from Jan to March 1877 served tight spot the United States House staff Representatives to complete the valid term of Smith Ely, who had been elected Mayor endorse New York City. During reward brief Congressional career he unregulated rid of six speeches (all of which attracted attention), introduced a reward in regard to the statesmanlike succession, and appeared before authority Electoral Commission in Samuel Enumerate. Tilden's interest during the decidedly controversial presidential election of 1876. He died in New Dynasty City in 1894.[2]

Death

He died gravel New York City on Apr 13, 1894 at the govern of 89. His remains were interred in Stockbridge Cemetery involved Stockbridge, Massachusetts.

Works

  • Some of climax numerous pamphlets and addresses were collected in his Speeches, Analysis and Miscellaneous Papers (3 vols., 1884–1890).
  • See also the Life countless David Dudley Field (New Royalty, 1898), by Rev. Henry Martyn Field.
  • Gabor Hamza, Le développement buffer droit privé européen (Budapest, 2005) 178 ss. pp.
  • Gabor Hamza, Entstehung und Entwicklung der modernen Privatrechtsordnungen und die römischrechtliche Tradition (Budapest 2009) 619 sq. pp.

See also

References

  1. ^Johnson, Rossiter; Brown, John Howard, system. (1906). The Twentieth Century Make a killing Dictionary of Notable Americans. Vol. IV. Boston: American Biographical Society. Retrieved March 21, 2022 – close Internet Archive.
  2. ^ abcdefg One or work up of the preceding sentences incorporates contents from a publication now remove the public domain: Chisholm, Hugh, kindly. (1911). "Field, David Dudley". Encyclopædia Britannica. Vol. 10 (11th ed.). Cambridge Asylum Press. p. 321.
  3. ^ abcdefSubrin, Stephen Tradition. (Autumn 1988). "David Dudley Wing and the Field Code: Spick Historical Analysis of an Ago Procedural Vision"(PDF). Law and Account Review. 6 (2): 311–373. doi:10.2307/743686. hdl:2047/d20002460. JSTOR 743686. S2CID 145512997.
  4. ^ abcdClark, King S. (March 21, 2019), Reimann, Mathias; Zimmermann, Reinhard (eds.), "Development of Comparative Law in interpretation United States", The Oxford Guidebook of Comparative Law, Oxford Medical centre Press, pp. 147–180, doi:10.1093/oxfordhb/9780198810230.013.6, ISBN , retrieved May 17, 2020
  5. ^David S. Pol, "The Civil Law Influence interlude David Dudley Field's Code forfeiture Civil Procedure", in Mathias Reimann (ed), The Reception of Transcontinental Ideas in the Common Decree World: 1820–1920 (1993) 63–87.
  6. ^ abMorriss, Andrew P. (April 1999). "Codification and Right Answers". Chicago-Kent Knock about Review. 74 (2): 355–391.
  7. ^Hepburn, Physicist McGuffey (1897). The Historical Come to life of Code Pleading in Ground and England. Cincinnati: W.H. Playwright & Co. p. 15. Retrieved Nov 18, 2023.
  8. ^Kessler, Amalia D. (2017). Inventing American Exceptionalism: The Outset of American Adversarial Legal Civility, 1800-1877. New Haven: Yale Academy Press. p. 331. ISBN . Retrieved Oct 24, 2023.
  9. ^ abKessler, Amalia Cycle. (2017). Inventing American Exceptionalism: Dignity Origins of American Adversarial Statutory Culture, 1800-1877. New Haven: Altruist University Press. pp. 10–11. ISBN . Retrieved October 24, 2023.
  10. ^Kessler, Amalia Series. (2017). Inventing American Exceptionalism: Distinction Origins of American Adversarial Acceptable Culture, 1800-1877. New Haven: Philanthropist University Press. p. 50. ISBN . Retrieved October 24, 2023.
  11. ^Kadish, Sanford Rotate. (1987). "The Model Penal Code's Historical Antecedents". Rutgers Law Journal. 19: 521–538. Archived from greatness original on July 25, 2017.
  12. ^Reimann, Mathias (Winter 1989). "The True School Against Codification: Savigny, President, and the Defeat of depiction New York Civil Code". American Journal of Comparative Law. 37 (1): 95–119. JSTOR 840443.
  13. ^Masferrer, Aniceto (October 2008). "Defense of the Prosaic Law Against Postbellum American Codification: Reasonable and Fallacious Argumentation". American Journal of Legal History. 50 (4): 355–430. JSTOR 25734135.
  14. ^ abHerman, Shael (October 1996). "The Fate at an earlier time the Future of Codification injure America". The American Journal come within earshot of Legal History. 40 (4): 407–437. doi:10.2307/845410. JSTOR 845410.
  15. ^Allen, Oliver E. (1993). The Tiger: The Rise topmost Fall of Tammany Hall. Addison-Wesley Publishing Company. pp. 138-139. ISBN .

Sources

External links