Cambridge Historical Studies in American Law and Society – serie
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81 produkter
81 produkter
Häftad, Engelska, 2009
448 kr
Skickas inom 7-10 vardagar
The Racketeer's Progress explores the contested and contingent origins of the modern American economy by examining the violent resistance to its development. It explains how carpenters, teamsters, barbers, musicians and others organised to thwart ambitious national corporations. Unions and associations governed commerce through pickets, assaults and bombings. Scholars often ignore this defiance, painting modernisation as a consensual process and presenting craftsmen as reactionary, corrupt and criminal. This is ironic, for the tradesmen's reputation derives from their successful struggle to control modernisation and the emerging consumer economy. Their resistance redirected American law. Progressive-era courts rebuked the craftsmen for attempting to govern trade. In the 1920s, the tradesmen inspired new criminal concepts, such as 'racketeering'. But the Great Depression reversed harsh laws. The craftsmen became a model for New Deal recovery statutes and a focus for constitutional debates. Meanwhile, the state began protecting unions against gangsters like Al Capone.
Häftad, Engelska, 2010
405 kr
Skickas inom 11-20 vardagar
Law's Imagined Republic shows how the American Revolution was marked by the rapid proliferation of law talk across the colonies. This legal language was both elite and popular, spanned different forms of expression from words to rituals, and included simultaneously real and imagined law. Since it was employed to mobilize resistance against England, the proliferation of revolutionary legal language became intimately intertwined with politics. Drawing on a wealth of material from criminal cases, Steven Wilf reconstructs the intertextual ways Americans from the 1760s through the 1790s read law: reading one case against another and often self-consciously comparing transatlantic legal systems as they thought about how they might construct their own legal system in a new republic. What transformed extraordinary tales of crime into a political forum? How did different ways of reading or speaking about law shape our legal origins? And, ultimately, how might excavating innovative approaches to law in this formative period, which were constructed in the street as well as in the courtroom, alter our usual understanding of contemporary American legal institutions? Law's Imagined Republic tells the story of the untidy beginnings of American law.
Häftad, Engelska, 2010
352 kr
Skickas inom 7-10 vardagar
Industrial Violence and the Legal Origins of Child Labor challenges existing understandings of child labor by tracing how law altered the meanings of work for young people in the United States between the Revolution and the Great Depression. Rather than locating these shifts in statutory reform or economic development, it finds the origin in litigations that occurred in the wake of industrial accidents incurred by young workers. Drawing on archival case records from the Appalachian South between the 1880s and the 1920s, the book argues that young workers and their families envisioned an industrial childhood that rested on negotiating safe workplaces, a vision at odds with child labor reform. Local court battles over industrial violence confronted working people with a legal language of childhood incapacity and slowly moved them to accept the lexicon of child labor. In this way, the law fashioned the broad social relations of modern industrial childhood.
Inbunden, Engelska, 2010
1 010 kr
Skickas inom 7-10 vardagar
Law's Imagined Republic shows how the American Revolution was marked by the rapid proliferation of law talk across the colonies. This legal language was both elite and popular, spanned different forms of expression from words to rituals, and included simultaneously real and imagined law. Since it was employed to mobilize resistance against England, the proliferation of revolutionary legal language became intimately intertwined with politics. Drawing on a wealth of material from criminal cases, Steven Wilf reconstructs the intertextual ways Americans from the 1760s through the 1790s read law: reading one case against another and often self-consciously comparing transatlantic legal systems as they thought about how they might construct their own legal system in a new republic. What transformed extraordinary tales of crime into a political forum? How did different ways of reading or speaking about law shape our legal origins? And, ultimately, how might excavating innovative approaches to law in this formative period, which were constructed in the street as well as in the courtroom, alter our usual understanding of contemporary American legal institutions? Law's Imagined Republic tells the story of the untidy beginnings of American law.
Inbunden, Engelska, 2010
1 010 kr
Skickas inom 7-10 vardagar
Industrial Violence and the Legal Origins of Child Labor challenges existing understandings of child labor by tracing how law altered the meanings of work for young people in the United States between the Revolution and the Great Depression. Rather than locating these shifts in statutory reform or economic development, it finds the origin in litigations that occurred in the wake of industrial accidents incurred by young workers. Drawing on archival case records from the Appalachian South between the 1880s and the 1920s, the book argues that young workers and their families envisioned an industrial childhood that rested on negotiating safe workplaces, a vision at odds with child labor reform. Local court battles over industrial violence confronted working people with a legal language of childhood incapacity and slowly moved them to accept the lexicon of child labor. In this way, the law fashioned the broad social relations of modern industrial childhood.
Inbunden, Engelska, 2011
1 143 kr
Skickas inom 7-10 vardagar
This book argues for a change in our understanding of the relationships among law, politics and history. Since the turn of the nineteenth century, a certain anti-foundational conception of history has served to undermine law's foundations, such that we tend to think of law as nothing other than a species of politics. Thus viewed, the activity of unelected, common law judges appears to be an encroachment on the space of democracy. However, Kunal M. Parker shows that the world of the nineteenth century looked rather different. Democracy was itself constrained by a sense that history possessed a logic, meaning and direction that democracy could not contravene. In such a world, far from law being seen in opposition to democracy, it was possible to argue that law - specifically, the common law - did a better job than democracy of guiding America along history's path.
Häftad, Engelska, 2002
448 kr
Skickas inom 7-10 vardagar
Were slaves property or human beings under the law? In crafting answers to this question, Southern judges designed efficient laws that protected property rights and helped slavery remain economically viable. But, by preserving property rights, they sheltered the persons embodied by that property - the slaves themselves. Slave law therefore had unintended consequences: it generated rules that judges could apply to free persons, precedents that became the foundation for laws designed to protect ordinary Americans. The Bondsman's Burden, first published in 1998, provides a rigorous and compelling economic analysis of the common law of Southern slavery, inspecting thousands of legal disputes heard in Southern antebellum courts, disputes involving servants, employees, accident victims, animals, and other chattel property, as well as slaves. The common law, although it supported the institution of slavery, did not favor every individual slave owner who brought a grievance to court.
Häftad, Engelska, 2008
471 kr
Skickas inom 7-10 vardagar
America's prison-based system of punishment has not always enjoyed the widespread political and moral legitimacy it has today. In this groundbreaking reinterpretation of penal history, Rebecca McLennan covers the periods of deep instability, popular protest, and political crisis that characterized early American prisons. She details the debates surrounding prison reform, including the limits of state power, the influence of market forces, the role of unfree labor, and the 'just deserts' of wrongdoers. McLennan also explores the system that existed between the War of 1812 and the Civil War, where private companies relied on prisoners for labor. Finally, she discusses the rehabilitation model that has primarily characterized the penal system in the twentieth century. Unearthing fresh evidence from prison and state archives, McLennan shows how, in each of three distinct periods of crisis, widespread dissent culminated in the dismantling of old systems of imprisonment.
Häftad, Engelska, 2004
340 kr
Skickas inom 7-10 vardagar
This book examines emancipation after the Emancipation Proclamation of 1863. Focusing on the making and meaning of the Thirteenth Amendment, Final Freedom looks at the struggle among legal thinkers, politicians, and ordinary Americans in the North and the border states to find a way to abolish slavery that would overcome the inadequacies of the Emancipation Proclamation. The book tells the dramatic story of the creation of a constitutional amendment and reveals an unprecedented transformation in American race relations, politics, and constitutional thought. Using a wide array of archival and published sources, Professor Vorenberg argues that the crucial consideration of emancipation occurred after, not before, the Emancipation Proclamation; that the debate over final freedom was shaped by a level of volatility in party politics underestimated by prior historians; and that the abolition of slavery by constitutional amendment represented a novel method of reform that transformed attitudes toward the Constitution.
Inbunden, Engelska, 1996
1 264 kr
Skickas inom 7-10 vardagar
A Judgment for Solomon tells the story of the d'Hauteville case, a controversial child custody battle fought in 1840. It uses the story of one couple's bitter fight over their son to explore some timebound and timeless features of American legal culture. In a narrative analysis, it recounts how marital woes led Ellen and Gonzalve d'Hauteville into what Alexis de Tocqueville called the 'shadow of the law'. Their multiple legal experiences culminated in an eagerly followed Philadelphia trial that sparked a national debate over the legal rights and duties of mothers and fathers, and husbands and wives. The story of the d'Hauteville case explains why popular trials become 'precedents of legal experience' - mediums for debates about highly contested social issues. It also demonstrates the ability of individual women and men to contribute to legal change by turning to the law to fight for what they want.
Häftad, Engelska, 1996
429 kr
Skickas inom 7-10 vardagar
A Judgment for Solomon tells the story of the d'Hauteville case, a controversial child custody battle fought in 1840. It uses the story of one couple's bitter fight over their son to explore some timebound and timeless features of American legal culture. In a narrative analysis, it recounts how marital woes led Ellen and Gonzalve d'Hauteville into what Alexis de Tocqueville called the 'shadow of the law'. Their multiple legal experiences culminated in an eagerly followed Philadelphia trial that sparked a national debate over the legal rights and duties of mothers and fathers, and husbands and wives. The story of the d'Hauteville case explains why popular trials become 'precedents of legal experience' - mediums for debates about highly contested social issues. It also demonstrates the ability of individual women and men to contribute to legal change by turning to the law to fight for what they want.
Inbunden, Engelska, 1997
1 584 kr
Skickas inom 7-10 vardagar
Were slaves property or human beings under the law? In crafting answers to this question, Southern judges designed efficient laws that protected property rights and helped slavery remain economically viable. But, by preserving property rights, they sheltered the persons embodied by that property - the slaves themselves. Slave law therefore had unintended consequences: it generated rules that judges could apply to free persons, precedents that became the foundation for laws designed to protect ordinary Americans. The Bondsman's Burden, first published in 1998, provides a rigorous and compelling economic analysis of the common law of Southern slavery, inspecting thousands of legal disputes heard in Southern antebellum courts, disputes involving servants, employees, accident victims, animals, and other chattel property, as well as slaves. The common law, although it supported the institution of slavery, did not favor every individual slave owner who brought a grievance to court.
Häftad, Engelska, 2005
368 kr
Skickas inom 7-10 vardagar
A history of various efforts to desegregate northern schools during the nineteenth century and the first half of the twentieth century, exploring two dominant themes. The first considers the role of law in accomplishing racial change. Most northern state legislatures enacted legislation after the Civil War that prohibited school segregation and most northern courts, when called upon, enforced that legislation. Notwithstanding this clear legal opposition to school segregation, racially separate schools flourished in much of the north until the late 1940s and early 1950s. The second theme is the ambivalence in the northern black community over the importance of school integration. Since the antebellum era, northern blacks have sharply divided over the question of whether black children would fare better in separate black schools or in racially integrated ones. These competing visions of black empowerment in the northern black community as reflected in the debate over school integration are addressed here.
Inbunden, Engelska, 1997
1 493 kr
Skickas inom 7-10 vardagar
Most American historians and legal scholars incorrectly assume that controversies and litigation about free speech began abruptly during World War I. However, there was substantial debate about free speech issues between the Civil War and World War I. Important free speech controversies, often involving the activities of sex reformers and labor unions, preceded the Espionage Act of 1917. Scores of legal cases presented free speech issues to Justices Holmes and Brandeis. A significant organization, the Free Speech League, became a principled defender of free expression two decades before the establishment of the ACLU in 1920. World War I produced a major transformation in American liberalism. Progressives who had viewed constitutional rights as barriers to needed social reforms came to appreciate the value of political dissent during its wartime repression. They subsequently misrepresented the prewar judicial hostility to free speech claims and obscured prior libertarian defenses of free speech based on commitments to individual autonomy.
Inbunden, Engelska, 2001
1 531 kr
Skickas inom 7-10 vardagar
Through courtroom dramas from 1865 to 1920 - of men forced to jump from moving cars when trainmen refused to stop, of women emotionally wrecked from the trauma of nearly missing a platform or street, and women barred from first class ladies' cars because of the color of their skin - Barbara Welke offers a dramatic reconsideration of the critical role railroads, and streetcars, played in transforming the conditions of individual liberty at the dawn of the twentieth century. The three-part narrative, focusing on the law of accidental injury, nervous shock, and racial segregation in public transit, captures Americans' journey from a cultural and legal ethos celebrating manly independence and autonomy to one that recognized and sought to protect the individual against the dangers of modern life. Gender and race become central to the transformation charted here, as much as the forces of corporate power, modern technology and urban space.
Häftad, Engelska, 2001
515 kr
Skickas inom 7-10 vardagar
Through courtroom dramas from 1865 to 1920 - of men forced to jump from moving cars when trainmen refused to stop, of women emotionally wrecked from the trauma of nearly missing a platform or street, and women barred from first class ladies' cars because of the color of their skin - Barbara Welke offers a dramatic reconsideration of the critical role railroads, and streetcars, played in transforming the conditions of individual liberty at the dawn of the twentieth century. The three-part narrative, focusing on the law of accidental injury, nervous shock, and racial segregation in public transit, captures Americans' journey from a cultural and legal ethos celebrating manly independence and autonomy to one that recognized and sought to protect the individual against the dangers of modern life. Gender and race become central to the transformation charted here, as much as the forces of corporate power, modern technology and urban space.
Inbunden, Engelska, 2001
1 021 kr
Skickas inom 7-10 vardagar
This book examines emancipation after the Emancipation Proclamation of 1863. Focusing on the making and meaning of the Thirteenth Amendment, Final Freedom looks at the struggle among legal thinkers, politicians, and ordinary Americans in the North and the border states to find a way to abolish slavery that would overcome the inadequacies of the Emancipation Proclamation. The book tells the dramatic story of the creation of a constitutional amendment and reveals an unprecedented transformation in American race relations, politics, and constitutional thought. Using a wide array of archival and published sources, Professor Vorenberg argues that the crucial consideration of emancipation occurred after, not before, the Emancipation Proclamation; that the debate over final freedom was shaped by a level of volatility in party politics underestimated by prior historians; and that the abolition of slavery by constitutional amendment represented a novel method of reform that transformed attitudes toward the Constitution.
Häftad, Engelska, 1999
429 kr
Skickas inom 7-10 vardagar
Most American historians and legal scholars incorrectly assume that controversies and litigation about free speech began abruptly during World War I. However, there was substantial debate about free speech issues between the Civil War and World War I. Important free speech controversies, often involving the activities of sex reformers and labor unions, preceded the Espionage Act of 1917. Scores of legal cases presented free speech issues to Justices Holmes and Brandeis. A significant organization, the Free Speech League, became a principled defender of free expression two decades before the establishment of the ACLU in 1920. World War I produced a major transformation in American liberalism. Progressives who had viewed constitutional rights as barriers to needed social reforms came to appreciate the value of political dissent during its wartime repression. They subsequently misrepresented the prewar judicial hostility to free speech claims and obscured prior libertarian defenses of free speech based on commitments to individual autonomy.
Häftad, Engelska, 2009
467 kr
Skickas inom 7-10 vardagar
The international spread of antitrust suggested the historical process shaping global capitalism. By the 1930s, Americans feared that big business exceeded the government's capacity to impose accountability, engendering the most aggressive antitrust campaign in history. Meanwhile, big business had emerged to varying degrees in liberal Britain, Australia and France, Nazi Germany, and militarist Japan. These same nations nonetheless expressly rejected American-style antitrust as unsuited to their cultures and institutions. After World War II, however, governments in these nations - as well as the European Community - adopted workable antitrust regimes. By the millennium antitrust was instrumental to the clash between state sovereignty and globalization. What ideological and institutional factors explain the global change from opposing to supporting antitrust? Addressing this question, this book throws new light on the struggle over liberal capitalism during the Great Depression and World War II, the postwar Allied occupations of Japan and Germany, the reaction against American big-business hegemony during the Cold War, and the clash over globalization and the WTO.
Inbunden, Engelska, 2012
1 143 kr
Skickas inom 7-10 vardagar
This is a study of the central role of history in late nineteenth-century American legal thought. In the decades following the Civil War, the founding generation of professional legal scholars in the United States drew from the evolutionary social thought that pervaded Western intellectual life on both sides of the Atlantic. Their historical analysis of law as an inductive science rejected deductive theories and supported moderate legal reform, conclusions that challenge conventional accounts of legal formalism. Unprecedented in its coverage and its innovative conclusions about major American legal thinkers from the Civil War to the present, the book combines transatlantic intellectual history, legal history, the history of legal thought, historiography, jurisprudence, constitutional theory and the history of higher education.
Inbunden, Engelska, 2001
1 330 kr
Skickas inom 7-10 vardagar
This book presents a fundamental reassessment of the nature of wage labor in the nineteenth century, focusing on the common use of penal sanctions in England to enforce wage labor agreements. Professor Steinfeld argues that wage workers were not employees at will but were often bound to their employment by enforceable labor agreements, which employers used whenever available to manage their labor costs and supply. In the northern United States, where employers normally could not use penal sanctions, the common law made other contract remedies available, also placing employers in a position to enforce labor agreements. Modern free wage labor only came into being late in the nineteenth century, as a result of reform legislation that restricted the contract remedies employers could legally use.
Häftad, Engelska, 2001
595 kr
Skickas inom 7-10 vardagar
This book presents a fundamental reassessment of the nature of wage labor in the nineteenth century, focusing on the common use of penal sanctions in England to enforce wage labor agreements. Professor Steinfeld argues that wage workers were not employees at will but were often bound to their employment by enforceable labor agreements, which employers used whenever available to manage their labor costs and supply. In the northern United States, where employers normally could not use penal sanctions, the common law made other contract remedies available, also placing employers in a position to enforce labor agreements. Modern free wage labor only came into being late in the nineteenth century, as a result of reform legislation that restricted the contract remedies employers could legally use.
Inbunden, Engelska, 2003
1 477 kr
Skickas inom 7-10 vardagar
What could be more 'liberal' than the modern idea of social responsibility for crime - that crime is less the product of free will than of poverty and other social forces beyond the individual's control? And what could be more 'progressive' than the belief that the law should aim for social, not merely individual, justice? In this work of social, cultural, and legal history, first published in 2003, Michael Willrich uncovers the contested origins and paradoxical consequences of these two protean concepts in the cosmopolitan cities of industrial America at the turn of the twentieth century. In Progressive Era Chicago, social activists, judges, and working-class families seeking justice transformed criminal courts into laboratories of progressive democracy. Willrich argues that this progressive effort to 'socialize' urban justice redefined American liberalism and the rule of law, laying an urban seedbed for the modern administrative welfare state.
Häftad, Engelska, 2003
378 kr
Skickas inom 7-10 vardagar
What could be more 'liberal' than the modern idea of social responsibility for crime - that crime is less the product of free will than of poverty and other social forces beyond the individual's control? And what could be more 'progressive' than the belief that the law should aim for social, not merely individual, justice? In this work of social, cultural, and legal history, first published in 2003, Michael Willrich uncovers the contested origins and paradoxical consequences of these two protean concepts in the cosmopolitan cities of industrial America at the turn of the twentieth century. In Progressive Era Chicago, social activists, judges, and working-class families seeking justice transformed criminal courts into laboratories of progressive democracy. Willrich argues that this progressive effort to 'socialize' urban justice redefined American liberalism and the rule of law, laying an urban seedbed for the modern administrative welfare state.
Inbunden, Engelska, 2006
1 010 kr
Skickas inom 7-10 vardagar
The international spread of antitrust suggested the historical process shaping global capitalism. By the 1930s, Americans feared that big business exceeded the government's capacity to impose accountability, engendering the most aggressive antitrust campaign in history. Meanwhile, big business had emerged to varying degrees in liberal Britain, Australia and France, Nazi Germany, and militarist Japan. These same nations nonetheless expressly rejected American-style antitrust as unsuited to their cultures and institutions. After World War II, however, governments in these nations - as well as the European Community - adopted workable antitrust regimes. By the millennium antitrust was instrumental to the clash between state sovereignty and globalization. What ideological and institutional factors explain the global change from opposing to supporting antitrust? Addressing this question, this book throws new light on the struggle over liberal capitalism during the Great Depression and World War II, the postwar Allied occupations of Japan and Germany, the reaction against American big-business hegemony during the Cold War, and the clash over globalization and the WTO.
Inbunden, Engelska, 2008
863 kr
Skickas inom 7-10 vardagar
America's prison-based system of punishment has not always enjoyed the widespread political and moral legitimacy it has today. In this groundbreaking reinterpretation of penal history, Rebecca McLennan covers the periods of deep instability, popular protest, and political crisis that characterized early American prisons. She details the debates surrounding prison reform, including the limits of state power, the influence of market forces, the role of unfree labor, and the 'just deserts' of wrongdoers. McLennan also explores the system that existed between the War of 1812 and the Civil War, where private companies relied on prisoners for labor. Finally, she discusses the rehabilitation model that has primarily characterized the penal system in the twentieth century. Unearthing fresh evidence from prison and state archives, McLennan shows how, in each of three distinct periods of crisis, widespread dissent culminated in the dismantling of old systems of imprisonment.
Inbunden, Engelska, 2004
1 411 kr
Skickas inom 7-10 vardagar
The Racketeer's Progress explores the contested and contingent origins of the modern American economy by examining the violent resistance to its development. It explains how carpenters, teamsters, barbers, musicians and others organised to thwart ambitious national corporations. Unions and associations governed commerce through pickets, assaults and bombings. Scholars often ignore this defiance, painting modernisation as a consensual process and presenting craftsmen as reactionary, corrupt and criminal. This is ironic, for the tradesmen's reputation derives from their successful struggle to control modernisation and the emerging consumer economy. Their resistance redirected American law. Progressive-era courts rebuked the craftsmen for attempting to govern trade. In the 1920s, the tradesmen inspired new criminal concepts, such as 'racketeering'. But the Great Depression reversed harsh laws. The craftsmen became a model for New Deal recovery statutes and a focus for constitutional debates. Meanwhile, the state began protecting unions against gangsters like Al Capone.
Inbunden, Engelska, 2005
1 063 kr
Skickas inom 7-10 vardagar
A history of various efforts to desegregate northern schools during the nineteenth century and the first half of the twentieth century, exploring two dominant themes. The first considers the role of law in accomplishing racial change. Most northern state legislatures enacted legislation after the Civil War that prohibited school segregation and most northern courts, when called upon, enforced that legislation. Notwithstanding this clear legal opposition to school segregation, racially separate schools flourished in much of the north until the late 1940s and early 1950s. The second theme is the ambivalence in the northern black community over the importance of school integration. Since the antebellum era, northern blacks have sharply divided over the question of whether black children would fare better in separate black schools or in racially integrated ones. These competing visions of black empowerment in the northern black community as reflected in the debate over school integration are addressed here.
Inbunden, Engelska, 2016
669 kr
Skickas inom 7-10 vardagar
Owning Ideas is a comprehensive account of the emergence of the concept of intellectual property in the United States during the long nineteenth century. In the modern information era, intellectual property has become a central economic and cultural phenomenon, and an important lever for allocating wealth and power. This book uncovers the intellectual origins of this modern concept of private property in ideas through a close study of its emergence within the two most important areas of this field: patent and copyright. By placing the development of legal concepts within their social context, this study reconstructs the radical transformation of the idea. Our modern notion of owning ideas, it argues, came into being when the ideals of eighteenth-century possessive individualism at the heart of early patent and copyright were subjected to the forces and ideology of late-nineteenth-century corporate liberalism.
Inbunden, Engelska, 2023
1 356 kr
Skickas inom 7-10 vardagar
This critical socio-legal history probes pretrial accusations through which colonial criminal law forged social orders for settler-colonialism across western Canada, focusing on Alberta, 1874-1884. Following military intelligence, a Northwest Mounted Police force was established to compel Dominion law. That force began by deploying accusatory theatres to receive information about crimes, arrest suspects, and decide via preliminary examination who to send to trial. George Pavlich draws on exemplary performances of colonial accusation to show how police officers and justices of the peace translated local social lore into criminal law. These performances reflected intersecting powers of sovereignty, disciplinarily, and biopolitics; they held accused individuals legally culpable for crimes and obscured social upheavals that settlers brought. Reflecting on colonial legacies within today's vast and unequal criminalizing institutions, this book proposes that we seek new forms of accusation and legality, learning from Indigenous laws that tackle individual and collective responsibilities for societal disquiet.