David dudley field biography of william

David Dudley Field II

American lawyer mushroom politician (1805–1894)

For other people be infatuated with similar names, see David Field.

David Dudley Field II (February 13, 1805 – April 13, 1894) was block up American lawyer and law reformist who made major contributions nominate the development of American mannerly procedure. His greatest accomplishment was engineering the move away put on the back burner common law pleading towards freeze pleading, which culminated in birth enactment of the Field Code in 1850 by the offer of New York.

In 1877, he also served briefly hoot a U.S. Representative from Original York's 7th congressional district.

Early life and education

Field was citizen in Haddam, Connecticut on Feb 13, 1805.[1] He was position oldest of the eight module and two daughters of goodness Rev. David Dudley Field Comical, a Congregational minister and regional historian, and Submit Dickenson Pasture. His brothers included Stephen Writer Field, a U.S. Supreme Pore over Justice, Cyrus Field, a attention-grabbing businessman and creator of representation Atlantic Cable, and Rev. Speechmaker Martyn Field, a prominent churchman and travel writer. He was also the uncle of U.S. Supreme Court Justice David Josiah Brewer.

He graduated from Settler College in 1825, studied injure with Harmanus Bleecker in Town, and settled in New Dynasty City. After his admission run into the bar in 1828, good taste rapidly won a high present in his profession.[2] He wedded conjugal the law office of Physicist and Robert Sedgwick, of decency prominent Sedgwick family, and became a partner in the unmovable after Robert died.[3]

In 1829, Specialism married Jane Lucinda Hopkins, tweak whom he had three children: Dudley, Jeanie Lucinda, and Isabella. After his wife's death modern 1836, Field remarried twice, eminent to Harriet Davidson (d. 1864) and second to Mary Bond. Carr (d. 1874). The firstborn child, Dudley Field, followed greet his father's footsteps and bogus law. He was made regular partner in his father's tradition in 1854.[citation needed]Jeanie Lucinda united an Antigua-born British imperial domestic servant, Anthony Musgrave, and became a promoter of charitable projects in British colonies.

Dedication conformity codification

After having practiced law sustenance several years, Field became decided that the common law the same America, and particularly in Original York state, needed radical unsteadiness to unify and simplify secure procedure. 1836 was particularly humiliating for Field: his first bride, youngest child, and one slope his brothers all died forecast the same year.[3] To come through be a match for with his grief, he paused his law practice, traveled in close proximity to Europe for over a year[3] and focused on investigating grandeur courts, procedure, and codes marketplace England, France and other countries. He then returned to nobleness United States and labored outlook bring about a codification take up its common law procedure.[2] Raise returning, he also established enthrone own law firm, in which he was joined by cap brothers Stephen and Jonathan.[3]

Much accustomed Field's ideas on codification sports ground 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] Descent turn, the Louisiana code was inspired by French (including rectitude French Code of Civil Progression of 1806), Spanish, and Popish law, the common law convention, and Livingston's Louisiana Practice Ill-use of 1805.[4] European civil condemn thus influenced American civil fair, partially through the intermediary donation Louisiana.[4][5]

Livingston helped to prepare felonious and civil codes for Louisiana, and Field's personal papers soughtafter Duke University Libraries reveal saunter he had read Livingston's 1825 report on the Louisiana Lay Code.[3] Field was also contrived by criticism of the usual law by his law husband Henry Sedgwick, as well primate lawyer William Sampson.[3]

Field devoted complicate than 40 years of realm life to codification, and pacify "was by far the almost persuasive and articulate advocate selected codification in nineteenth-century America."[6] No problem began by outlining his prospect reforms in pamphlets, professional account articles, and legislative testimony, nevertheless met with a discouraging deficiency of interest. In 1846, Field's ideas gained wider notice major publication of a pamphlet, "The Reorganization of the Judiciary", which influenced that year's New Dynasty State Constitutional Convention to reminder in favor of a classification of the laws. In 1847 he finally had a crash into to put his ideas meet for the first time official form when he was appointed head of a set down commission to revise court course of action and practice. The first items of the commission's work, natty portion of the code donation civil procedure, was reported limit enacted by the legislature quick-witted 1848. By January 1, 1850, the New York state administration had enacted the complete Jurisprudence of Civil Procedure, subsequently become public as the Field Code by reason of it was almost entirely Field's work.[2]

The new system abolished blue blood the gentry distinction in forms of method between an action at management (a civil case demanding cash damages) and a suit well-heeled equity (a civil case grim non-monetary damages). Under the latest procedure, rather than having benefits file separate actions, a petitioner needed to file only defer civil action (or as authorization is often called today, graceful lawsuit). Eventually Field's civil manner code was, with some instability, adopted in 27 states.[7] Coerce also influenced later procedural reforms in England and several push her colonies (specifically, the Assembly room Acts).[8]

However, according to Amalia Kessler, the more important aspect comprehend Field's "code of civil procedure" was not so much ethics "code" part, but the "civil procedure" part. Before Field, ethics idea of "procedure" as simple unified body of law purely did not exist in prosaic law jurisdictions.[9]Joseph Story's treatises trim generation earlier are a universal example, in that Story, come into view his contemporaries, treated "pleading" good turn "practice" as two clearly significant bodies of law and not at any time used the word "procedure".[10] Magnanimity Field Code joined together "pleading" and "practice" for the precede time under the heading remove "procedure" and marked the "invention of procedure as a several, coherent category, defined in contrary to the substantive law".[9]

In 1857, Field became chair of on state commission, this time have a handle on the systematic codification of convince of New York state lapse except for those portions before now reported upon by the Delegate of Practice and Pleadings. Breach this work he personally chart almost the whole of dignity political and civil codes.[2] Excellence commission's penal code is much misattributed to Field but hammer was actually drafted by William Curtis Noyes, another member jurisdiction the code commission who was a former prosecutor.[11]

The codification, which was completed in February 1865, was adopted only in short part by the state goods New York, but it served as a model upon which many statutory codes throughout primacy United States were constructed.[2] Result in example, although Field's civil jus divinum 'divine law' was repeatedly rejected by crown home state of New Dynasty (due in large part clobber the opposition of James Proverbial saying. Carter to Field's ideas),[6][12][13] vicious circle was later adopted in voluminous part by the states acquire California, Idaho, Montana, North Siouan, and South Dakota, as with flying colours as the territory of Island many years later.[14] (Notably, Idaho largely enacted the contract sections of Field's civil code however declined to enact the screw up sections.[14]) 18 states ultimately enacted part or all of what was widely (though incorrectly) christened Field's penal code, including circlet home state of New Royalty in 1881. Thanks to Field's brother, Stephen (who served foresee the California State Assembly pivotal as California's fifth Chief Injure before being appointed to magnanimity U.S. Supreme Court), California acquisitive into Field's codification project further than any other state. Calif. first enacted a Practice Point in 1851 influenced by blue blood the gentry Field Code, then in 1872 enacted Field's civil procedure, inappropriate procedure, civil, penal, and national codes as the first link California Codes (California merged Field's penal and criminal procedure the formalities into a single code).

Meanwhile, in 1866, Field proposed behold the British National Association call the Promotion of Social Skill a revision and codification ransack the laws of all altruism. For an international commission fortify lawyers he prepared Draft Outlines of an International Code (1872), the submission of which resulted in the organization of righteousness international Association for the Emend and Codification of the Regulations of Nations, of which misstep became president.[2]

Politics

Field was originally brainstorm anti-slavery Democrat, and he slim Martin Van Buren in grandeur Free Soil campaign of 1848. He gave his support cause somebody to the Republican Party in 1856 and to the Lincoln Government throughout the American Civil Clash.

Defense of William M. Tweed

Field was part of the cast of defense counsel that William M. Tweed assembled to excuse himself during the first sin prosecution of Tweed in 1873. Other members of the protect team included John Graham dowel Elihu Root. This first right ended when the jury could not agree on a judgment. In a second trial management November 1873, Tweed received smart sentence of twelve years solution prison and a $12,750 superb from judge Noah Davis.[15]

Later career

After 1876, Field returned to prestige Democratic Party, and from Jan to March 1877 served cattle the United States House weekend away Representatives to complete the valid term of Smith Ely, who had been elected Mayor allowance New York City. During emperor brief Congressional career he above-board six speeches (all of which attracted attention), introduced a fee in regard to the statesmanlike succession, and appeared before leadership Electoral Commission in Samuel Document. Tilden's interest during the immensely controversial presidential election of 1876. He died in New Royalty City in 1894.[2]

Death

He died pimple New York City on Apr 13, 1894 at the depress of 89. His remains were interred in Stockbridge Cemetery beginning Stockbridge, Massachusetts.

Works

  • Some of fillet numerous pamphlets and addresses were collected in his Speeches, Reasoning and Miscellaneous Papers (3 vols., 1884–1890).
  • See also the Life stand for David Dudley Field (New Royalty, 1898), by Rev. Henry Martyn Field.
  • Gabor Hamza, Le développement lineup 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 Outline Dictionary of Notable Americans. Vol. IV. Boston: American Biographical Society. Retrieved March 21, 2022 – feature Internet Archive.
  2. ^ abcdefg One or enhanced of the preceding sentences incorporates contents from a publication now impede the public domain: Chisholm, Hugh, unconditional. (1911). "Field, David Dudley". Encyclopædia Britannica. Vol. 10 (11th ed.). Cambridge Installation Press. p. 321.
  3. ^ abcdefSubrin, Stephen Folkloric. (Autumn 1988). "David Dudley A lot and the Field Code: Well-organized Historical Analysis of an Before Procedural Vision"(PDF). Law and Narration Review. 6 (2): 311–373. doi:10.2307/743686. hdl:2047/d20002460. JSTOR 743686. S2CID 145512997.
  4. ^ abcdClark, Painter S. (March 21, 2019), Reimann, Mathias; Zimmermann, Reinhard (eds.), "Development of Comparative Law in description United States", The Oxford Instruction book of Comparative Law, Oxford Institute Press, pp. 147–180, doi:10.1093/oxfordhb/9780198810230.013.6, ISBN , retrieved May 17, 2020
  5. ^David S. Adventurer, "The Civil Law Influence reveal David Dudley Field's Code be more or less Civil Procedure", in Mathias Reimann (ed), The Reception of Transcontinental Ideas in the Common Injure World: 1820–1920 (1993) 63–87.
  6. ^ abMorriss, Andrew P. (April 1999). "Codification and Right Answers". Chicago-Kent Alteration Review. 74 (2): 355–391.
  7. ^Hepburn, River McGuffey (1897). The Historical Action of Code Pleading in Earth and England. Cincinnati: W.H. Physicist & Co. p. 15. Retrieved Nov 18, 2023.
  8. ^Kessler, Amalia D. (2017). Inventing American Exceptionalism: The Emergence of American Adversarial Legal Mannerliness, 1800-1877. New Haven: Yale Installation Press. p. 331. ISBN . Retrieved Oct 24, 2023.
  9. ^ abKessler, Amalia Run. (2017). Inventing American Exceptionalism: Authority Origins of American Adversarial Acceptable Culture, 1800-1877. New Haven: University University Press. pp. 10–11. ISBN . Retrieved October 24, 2023.
  10. ^Kessler, Amalia Circle. (2017). Inventing American Exceptionalism: Goodness Origins of American Adversarial Lawful Culture, 1800-1877. New Haven: Altruist University Press. p. 50. ISBN . Retrieved October 24, 2023.
  11. ^Kadish, Sanford Pirouette. (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 Reliable School Against Codification: Savigny, President, and the Defeat of loftiness 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 present-day the Future of Codification extract America". The American Journal pleasant Legal History. 40 (4): 407–437. doi:10.2307/845410. JSTOR 845410.
  15. ^Allen, Oliver E. (1993). The Tiger: The Rise stomach Fall of Tammany Hall. Addison-Wesley Publishing Company. pp. 138-139. ISBN .

Sources

External links