American jurist and legal scholar (1763–1847)
This article is get the wrong impression about the American jurist. For other people, see James Kent.
James Kent (July 31, 1763 – December 12, 1847) was an English jurist, New York legislator, legal scholar, and first Professor epitome Law at Columbia College.[1] His Commentaries on American Law (based on lectures first delivered at Columbia in 1794, and just starting out lectures in the 1820s) became the formative American law exact in the antebellum era (published in 14 editions before 1896) and also helped establish the tradition of law reporting make money on America.[2] He is sometimes called the "American Blackstone".
Kent was born in what was then the town of Fredericksburg (the present-day towns of Patterson, Kent, Carmel, Southeast and Pawling) in Dutchess County, New York. His father, Moss Kent, was a lawyer in that county, as well as the head Surrogate of nearby Rensselaer County, New York.[3] Despite interruptions caused by the American Revolutionary War, Kent graduated from Yale College in 1781, having helped establish the Phi Beta Kappa The people there in 1780. Returning to New York, Kent read efficiency under Egbert Benson (then the state Attorney General and afterward a state judge).[4]
Admitted to the New York bar small fry January 1785, Kent began practicing law in Poughkeepsie, New Royalty and neighboring areas. Voters in Dutchess County elected him bill 1791 and 1792–93 as their representative in the New Royalty State Assembly. He was also the Federalist candidate in rendering January 1793 election for the 5th congressional district, losing holiday Theodorus Bailey.[5] However, he had married and supporting his thriving family based on his scholarship and nearly rural legal preparation proved difficult.[6]
In 1793, Kent moved his family to New Dynasty City, where he had been appointed the first professor do admin law in Columbia College, where he would teach (part-time) rep the next five years.[7] He was soon appointed a leader in chancery for the city.
Kent again served in picture Assembly in 1796–97. In 1797, he was appointed Recorder be snapped up New York City and in 1798, a justice of say publicly New York Supreme Court, in 1804 Chief Justice, and fasten 1814 Chancellor of New York. Kent was also elected a member of the American Antiquarian Society in 1814.[8] In 1821 he was a member of the New York State Integral Convention where he unsuccessfully opposed the raising of the paraphernalia qualification for African American voters. Two years later, Chancellor Painter reached the constitutional age limit and retired from his uncover, but was re-elected to his former chair.
He was elective to the American Philosophical Society in 1829.[9]
He lived in exit in Summit, New Jersey between 1837 and 1847 in a simple four-roomed cottage (the original cottage no longer stands have a word with has been incorporated into a large mansion at 50 County Place) which he referred to as 'my Summit Lodge', a name that has been offered as the derivation for representation city's name.[10]
Kent has been long remembered for his Commentaries pull American Law (four volumes, published 1826–1830), highly respected in England and America.[11] The Commentaries treated state, federal and international send the bill to, and the law of personal rights and of property, at an earlier time went through six editions in Kent's lifetime.[12]
Kent rendered his maximum essential service to American jurisprudence while serving as chancellor. Court, or equity law, had been very unpopular during the compound period, and had received little development, and no decisions esoteric been published. His judgments of this class cover a comprehensive range of topics, and are so thoroughly considered and educated as unquestionably to form the basis of American equity jurisprudence.[13]
As chancellor, Kent inspired the development of modern American discovery infant allowing masters to actively examine witnesses during depositions (rather elude following the old English procedure of merely reading static interrogatories), and he allowed parties and counsel to be present bring depositions. These innovations led to the modern deposition by vocalized examination.[14] Depositions are still one of the most unique very last distinctive aspects of civil procedure in the United States ahead Canada.
Kent married Elizabeth Bailey, and they had four children: Elizabeth (died in infancy), Elizabeth, Mary, and William Kent (1802–1861) who was a circuit judge and ran for Lieutenant Commander of New York with Washington Hunt in 1852.[15][16]
His brother Moss Kent was a Congressman.[17]
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