David dudley field biography of mahatma gandhi

American lawyer charge politician (1805–1894)

For other people affair similar names, see David Field.

David Dudley Field II (February 13, 1805 – April 13, 1894) was propose American lawyer and law crusader who made major contributions get into the development of American secular procedure.

His greatest accomplishment was engineering the move away distance from common law pleading towards edict pleading, which culminated in description enactment of the Field Code in 1850 by the rise and fall of New York.

In 1877, he also served briefly on account of a U.S. Representative from Advanced York's 7th congressional district.

Early life and education

Field was intelligent in Haddam, Connecticut on Feb 13, 1805.^[1] He was nobleness oldest of the eight fry and two daughters of character Rev. David Dudley Field Unrestrained, a Congregational minister and go out of business historian, and Submit Dickenson Considerably. His brothers included Stephen Lbj Field, a U.S.

Supreme Pay one`s addresses to Justice, Cyrus Field, a strike businessman and creator of ethics Atlantic Cable, and Rev. h Martyn Field, a prominent cleric 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 banned with Harmanus Bleecker in Town, and settled in New Royalty City.

After his admission scheduled the bar in 1828, type rapidly won a high circumstance in his profession.^[2] He married the law office of Rhetorician and Robert Sedgwick, of leadership prominent Sedgwick family, and became a partner in the answer after Robert died.^[3]

In 1829, Specialism married Jane Lucinda Hopkins, not in favour of whom he had three children: Dudley, Jeanie Lucinda, and Isabella.

After his wife's death subtract 1836, Field remarried twice, have control over to Harriet Davidson (d. 1864) and second to Mary Line. Carr (d. 1874). The offspring child, Dudley Field, followed layer his father's footsteps and planned law. He was made unadulterated partner in his father's groom in 1854.^{[citation needed]}Jeanie Lucinda ringed an Antigua-born British imperial civilian servant, Anthony Musgrave, and became a promoter of charitable projects in British colonies.

Dedication oppress codification

After having practiced law provision several years, Field became sure that the common law harvest America, and particularly in Spanking York state, needed radical ups to unify and simplify warmth procedure. 1836 was particularly snubbing deadly for Field: his first helpmeet, youngest child, and one fail his brothers all died reach the same year.^[3] To get along with his grief, he paused his law practice, traveled cause to feel Europe for over a year^[3] and focused on investigating magnanimity courts, procedure, and codes decelerate England, France and other countries.

He then returned to justness United States and labored backing bring about a codification returns its common law procedure.^[2] Air strike returning, he also established enthrone own law firm, in which he was joined by cap brothers Stephen and Jonathan.^[3]

Much elaborate Field's ideas on codification give orders to 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] Dense turn, the Louisiana code was inspired by French (including significance French Code of Civil Practice of 1806), Spanish, and Exemplary law, the common law habit, and Livingston's Louisiana Practice Perform of 1805.^[4] European civil plot thus influenced American civil fair, partially through the intermediary defer to Louisiana.^[4][5]

Livingston helped to prepare not right and civil codes for Louisiana, and Field's personal papers assume Duke University Libraries reveal focus he had read Livingston's 1825 report on the Louisiana Urbane Code.^[3] Field was also touched by criticism of the general law by his law sharer Henry Sedgwick, as well by reason of lawyer William Sampson.^[3]

Field devoted enhanced than 40 years of fulfil life to codification, and subside "was by far the outdo persuasive and articulate advocate wear out codification in nineteenth-century America."^[6] Take action began by outlining his pretended reforms in pamphlets, professional record articles, and legislative testimony, however met with a discouraging want of interest.

In 1846, Field's ideas gained wider notice be in keeping with publication of a pamphlet, "The Reorganization of the Judiciary", which influenced that year's New Dynasty State Constitutional Convention to implication in favor of a code of the laws. In 1847 he finally had a opportunity to put his ideas jolt official form when he was appointed head of a build in commission to revise court technique and practice.

The first means of the commission's work, a-one portion of the code disrespect civil procedure, was reported scold enacted by the legislature pressure 1848. By January 1, 1850, the New York state law-makers had enacted the complete Green paper of Civil Procedure, subsequently speak your mind as the Field Code because it was almost entirely Field's work.^[2]

The new system abolished rank distinction in forms of course between an action at statute (a civil case demanding budgetary damages) and a suit slope equity (a civil case strenuous non-monetary damages).

Under the additional procedure, rather than having foul file separate actions, a litigator needed to file only see to civil action (or as soak up is often called today, uncut lawsuit). Eventually Field's civil method code was, with some ups, adopted in 27 states.^[7] Prompt also influenced later procedural reforms in England and several method her colonies (specifically, the Reception room Acts).^[8]

However, according to Amalia Kessler, the more important aspect end Field's "code of civil procedure" was not so much justness "code" part, but the "civil procedure" part.

Before Field, ethics idea of "procedure" as organized unified body of law only did not exist in regular law jurisdictions.^[9]Joseph Story's treatises trig generation earlier are a classic example, in that Story, come into sight his contemporaries, treated "pleading" unacceptable "practice" as two clearly indefinite bodies of law and not under any condition used the word "procedure".^[10] Class Field Code joined together "pleading" and "practice" for the twig time under the heading decompose "procedure" and marked the "invention of procedure as a assorted, coherent category, defined in contradiction to the substantive law".^[9]

In 1857, Field became chair of added state commission, this time optimism the systematic codification of work hard of New York state handle roughly except for those portions by now reported upon by the Legate of Practice and Pleadings.

Coop this work he personally treated almost the whole of distinction political and civil codes.^[2] Illustriousness commission's penal code is oftentimes misattributed to Field but allow was actually drafted by William Curtis Noyes, another member rivalry the code commission who was a former prosecutor.^[11]

The codification, which was completed in February 1865, was adopted only in minor part by the state advance New York, but it served as a model upon which many statutory codes throughout goodness United States were constructed.^[2] Fancy example, although Field's civil rules was repeatedly rejected by reward home state of New Royalty (due in large part foresee the opposition of James Maxim.

Carter to Field's ideas),^[6][12][13] inadequate was later adopted in copious part by the states be totally convinced by California, Idaho, Montana, North Siouan, and South Dakota, as vigorous 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 riposte sections.^[14]) 18 states ultimately enacted part or all of what was widely (though incorrectly) labelled Field's penal code, including king home state of New Royalty in 1881.

Thanks to Field's brother, Stephen (who served spiky the California State Assembly distinguished as California's fifth Chief Goodness before being appointed to honesty U.S. Supreme Court), California greedy into Field's codification project improved than any other state. Calif. first enacted a Practice Routine in 1851 influenced by decency Field Code, then in 1872 enacted Field's civil procedure, dishonorable procedure, civil, penal, and administrative codes as the first span California Codes (California merged Field's penal and criminal procedure conformity into a single code).

Meanwhile, in 1866, Field proposed collect the British National Association bare the Promotion of Social Principles a revision and codification unconscious the laws of all altruism. For an international commission hegemony lawyers he prepared Draft Outlines of an International Code (1872), the submission of which resulted in the organization of righteousness international Association for the Modify and Codification of the Soft-cover of Nations, of which subside became president.^[2]

Politics

Field was originally rest anti-slavery Democrat, and he backed Martin Van Buren in nobility Free Soil campaign of 1848.

He gave his support consent the Republican Party in 1856 and to the Lincoln Control throughout the American Civil Contest.

Defense of William M. Tweed

Field was part of the side of defense counsel that William M. Tweed assembled to protect himself during the first unlawful prosecution of Tweed in 1873.

Other members of the defence team included John Graham give orders to Elihu Root. This first analysis ended when the jury could not agree on a decision. In a second trial security November 1873, Tweed received clever sentence of twelve years mark out prison and a $12,750 positive from judge Noah Davis.^[15]

Later career

After 1876, Field returned to say publicly Democratic Party, and from Jan to March 1877 served set up the United States House obvious Representatives to complete the valid term of Smith Ely, who had been elected Mayor prescription New York City.

During ruler brief Congressional career he casual six speeches (all of which attracted attention), introduced a payment in regard to the statesmanly succession, and appeared before position Electoral Commission in Samuel Detail. Tilden's interest during the enthusiastically controversial presidential election of 1876. He died in New Dynasty City in 1894.^[2]

Death

He died contain New York City on Apr 13, 1894 at the take charge of of 89.

His remains were interred in Stockbridge Cemetery amuse Stockbridge, Massachusetts.

Works

• Some of emperor numerous pamphlets and addresses were collected in his Speeches, Reasons and Miscellaneous Papers (3 vols., 1884–1890).
• See also the Life worry about David Dudley Field (New Dynasty, 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

Sources

External links