Studies in Legal History – serie
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132 produkter
132 produkter
389 kr
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In a remarkable book based on prodigious research, Morton J. Horwitz offers a sweeping overview of the emergence of a national (and modern) legal system from English and colonial antecedents. He treats the evolution of the common law as intellectual history and also demonstrates how the shifting views of private law became a dynamic element in the economic growth of the United States.Horwitz's subtle and sophisticated explanation of societal change begins with the common law, which was intended to provide justice for all. The great breakpoint came after 1790 when the law was slowly transformed to favor economic growth and development. The courts spurred economic competition instead of circumscribing it. This new instrumental law flourished as the legal profession and the mercantile elite forged a mutually beneficial alliance to gain wealth and power.The evolving law of the early republic interacted with political philosophy, Horwitz shows. The doctrine of laissez-faire, long considered the cloak for competition, is here seen as a shield for the newly rich. By the 1840s the overarching reach of the doctrine prevented further distribution of wealth and protected entrenched classes by disallowing the courts very much power to intervene in economic life.This searching interpretation, which connects law and the courts to the real world, will engage historians in a new debate. For to view the law as an engine of vast economic transformation is to challenge in a stunning way previous interpretations of the eras of revolution and reform.
Prison and Plantation
Crime, Justice, and Authority in Massachusetts and South Carolina, 1767-1878
Häftad, Engelska, 2012
536 kr
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This broad, comparative study examines the social, economic, and legal contexts of crime and authority in two vastly different states over a one hundred year period. Massachusetts--an urban, industrial, and heterogeneous northern state--chose the penitentiary in its attempt to minimise the role of informal and extra legal authority while South Carolina--a rural southern slave state--systematically reduced its formal legal institutions, frequently relying on vigilantism.A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
536 kr
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Distinguished by the critical value it assigns to law in Puritan society, this study describes precisely how the Massachusetts legal system differed from England's and how equity and an adapted common law became so useful to ordinary individuals. The author discovers that law gradually replaced religion and communalism as the source of social stability, and he gives a new interpretation to the witchcraft prosecutions of 1692.A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
630 kr
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The primary founder and guiding spirit of the Harvard Law School and the most prolific publicist of the nineteenth century, Story served as a member of the U.S. Supreme Court from 1811 to 1845. His attitudes and goals as lawyer, politician, judge, and legal educator were founded on the republican values generated by the American Revolution. Story's greatest objective was to fashion a national jurisprudence that would carry the American people into the modern age without losing those values.
530 kr
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In this first general history of legal education, Stevens traces the development of law schools, the legal profession, and legal thought, relating their evolution to intellectual, political, and social trends. He describes how the establishment gained power over education after 1920 and how, in the past two decades, both students and the practicing profession have questioned this authority. He also examines the implications of the ""legal revolution"" and new opportunities for women and minorities. |This book uniquely reveals the history and legacy of the infamous Tuskegee syphilis study through a comprehensive collection of documents: articles, reports, letters, and newspaper accounts, as well as works of fiction, poetry, and drama.
630 kr
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Presenting a new framework for understanding the complex but vital relationship between legal history and the family, Michael Grossberg analyzes the formation of legal policies on such issues as common law marriage, adoption, and rights for illegitimate children. He shows how legal changes diminished male authority, increased women's and children's rights, and fixed more clearly the state's responsibilities in family affairs. Grossberg further illustrates why many basic principles of this distinctive and powerful new body of law--antiabortion and maternal biases in child custody--remained in effect well into the twentieth century.
467 kr
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In this first comprehensive study of women's property rights in early America, Marylynn Salmon discusses the effect of formal rules of law on women's lives. By focusing on such areas such as conveyancing, contracts, divorce, separate estates, and widows' provisions, Salmon presents a full picture of women's legal rights from 1750 to 1830. Salmon shows that the law assumes women would remain dependent and subservient after marriage. She documents the legal rights of women prior to the Revolution and traces a gradual but steady extension of the ability of wives to own and control property during the decades following the Revolution. The forces of change in colonial and early national law were various, but Salmon believes ideological considerations were just as important as economic ones. Women did not all fare equally under the law. In this illuminating survey of the jurisdictions of Connecticut, Massachusetts, New York, Pennsylvania, Maryland, Virginia, and South Carolina, Salmon shows regional variations in the law that affected women's autonomous control over property. She demonstrates the importance of understanding the effects of formal law on women' s lives in order to analyze the wider social context of women's experience.
580 kr
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From the trial of John Peter Zenger in the eighteenth century to the recent libel cases of William Westmoreland and Ariel Sharon, political defamation cases have attracted considerable attention. As Norman Rosenberg shows, cases like these raise fundamental questions about how much criticism of public leaders a supposedly open, liberal society will permit.Drawing upon a wide variety of historical sources, Protecting the Best Men argues that there exists no natural, evolutionary history of free speech. It also challenges interpretations that rest upon discovering an ""original understanding"" about the First Amendment. Instead, this interpretive history of the law of libel highlights the complexity and historically rooted nature of legal concepts and legal consciousness in the United States.A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Shaping the Eighteenth Amendment
Temperance Reform, Legal Culture, and the Polity, 1880-1920
Häftad, Engelska, 1995
647 kr
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Richard Hamm examines prohibitionists' struggle for reform from the late nineteenth century to their great victory in securing passage of the Eighteenth Amendment. Because the prohibition movement was a quintessential reform effort, Hamm uses it as a case study to advance a general theory about the interaction between reformers and the state during the Gilded Age and Progressive Era. Most scholarship on prohibition focuses on its social context, but Hamm explores how the regulation of commerce and the federal tax structure molded the drys' crusade. Federalism gave the drys a restricted setting--individual states--as a proving ground for their proposals. But federal policies precipitated a series of crises in the states that the drys strove to overcome. According to Hamm, interaction with the federal government system helped to reshape prohibitionists' legal culture--that is, their ideas about what law was and how it could be used. Originally published in 1995. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Laws Harsh As Tigers
Chinese Immigrants and the Shaping of Modern Immigration Law
Häftad, Engelska, 1995
418 kr
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Focusing primarily on the exclusion of the Chinese, Lucy Salyer analyzes the popular and legal debates surrounding immigration law and its enforcement during the height of nativist sentiment in the early twentieth century. She argues that the struggles between Chinese immigrants, U.S. government officials, and the lower federal courts that took place around the turn of the century established fundamental principles that continue to dominate immigration law today and make it unique among branches of American law. By establishing the centrality of the Chinese to immigration policy, Salyer also integrates the history of Asian immigrants on the West Coast with that of European immigrants in the East. Salyer demonstrates that Chinese immigrants and Chinese Americans mounted sophisticated and often-successful legal challenges to the enforcement of exclusionary immigration policies. Ironically, their persistent litigation contributed to the development of legal doctrines that gave the Bureau of Immigration increasing power to counteract resistance. Indeed, by 1924, immigration law had begun to diverge from constitutional norms, and the Bureau of Immigration had emerged as an exceptionally powerful organization, free from many of the constraints imposed upon other government agencies.
468 kr
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Much of today's political rhetoric decries the welfare state and our maze of government regulations. Critics hark back to a time before the state intervened so directly in citizens' lives. In The People's Welfare , William Novak refutes this vision of a stateless past by documenting America's long history of government regulation in the areas of public safety, political economy, public property, morality, and public health. Challenging the myth of American individualism, Novak recovers a distinctive nineteenth-century commitment to shared obligations and public duties in a well-regulated society. Novak explores the by-laws, ordinances, statutes, and common law restrictions that regulated almost every aspect of America's society and economy, including fire regulations, inspection and licensing rules, fair marketplace laws, the moral policing of prostitution and drunkenness, and health and sanitary codes. Based on a reading of more than one thousand court cases in addition to the leading legal and political texts of the nineteenth century, The People's Welfare demonstrates the deep roots of regulation in America and offers a startling reinterpretation of the history of American governance. |This analytical study describes the growth of a close but uneasy relationship between the United States and Taiwan during the first half of the 1950s. Accinelli focuses on the importance of the Taiwan issue in United States' relations with the People's Republic of China and Great Britain.
467 kr
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Eileen Spring presents an interpretation of the history of inheritance among the English gentry and aristocracy. In a work that recasts both the history of real property law and the history of the family, she argues that one of the principal and determinative features of upper-class inheritance was the virtual exclusion of females from land holding. Tracing the gradual nullification of common law rules under which 40 per cent of English land would have been inherited or held by women, Spring seeks to makes possible a fuller understanding of the social history of land law.
Reconstructing the Household
Families, Sex, and the Law in the Nineteenth-Century South
Häftad, Engelska, 1998
522 kr
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In Reconstructing the Household , Peter Bardaglio examines the connections between race, gender, sexuality, and the law in the nineteenth-century South. He focuses on miscegenation, rape, incest, child custody, and adoption laws to show how southerners struggled with the conflicts and stresses that surfaced within their own households and in the larger society during the Civil War era. Based on literary as well as legal sources, Bardaglio's analysis reveals how legal contests involving African Americans, women, children, and the poor led to a rethinking of families, sexuality, and the social order. Before the Civil War, a distinctive variation of republicanism, based primarily on hierarchy and dependence, characterized southern domestic relations. This organic ideal of the household and its power structure differed significantly from domestic law in the North, which tended to emphasize individual rights and contractual obligations. The defeat of the Confederacy, emancipation, and economic change transformed family law and the governance of sexuality in the South and allowed an unprecedented intrusion of the state into private life. But Bardaglio argues that despite these profound social changes, a preoccupation with traditional notions of gender and race continued to shape southern legal attitudes. |Based on literary and legal sources, this study reveals how legal contests involving women, children, African-Americans, and the poor of the 19th-century South led to a rethinking of families, sexuality, and the social order.
Farmer's Benevolent Trust
Law and Agricultural Cooperation in Industrial America, 1865-1945
Häftad, Engelska, 1998
467 kr
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Americans have always regarded farming as a special calling, one imbued with the Jeffersonian values of individualism and self- sufficiency. As Victoria Saker Woeste demonstrates, farming's cultural image continued to shape Americans' expectations of rural society long after industrialization radically transformed the business of agriculture. Even as farmers enthusiastically embraced cooperative marketing to create unprecedented industry- wide monopolies and control prices, they claimed they were simply preserving their traditional place in society. In fact, the new legal form of cooperation far outpaced judicial and legislative developments at both the state and federal levels, resulting in a legal and political struggle to redefine the place of agriculture in the industrial market. Woeste shows that farmers were adept at both borrowing such legal forms as the corporate trust for their own purposes and obtaining legislative recognition of the new cooperative style. In the process, however, the first rule of capitalism--every person for him- or herself--trumped the traditional principle of cooperation. After 1922, state and federal law wholly endorsed cooperation's new form. Indeed, says Woeste, because of its corporate roots, this model of cooperation fit so neatly with the regulatory paradigms of the first half of the twentieth century that it became an essential policy of the modern administrative state. |Examines changes in the farming industry from 1865-1945, when industrialization radically transformed the business of agriculture. Uses the example of cooperative marketing to show how farmers used legal strategies to their own purposes.
481 kr
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Supreme Court Justice John Marshall Harlan (1833-1911) is best known for condemning racial segregation in his dissent from Plessy v. Ferguson in 1896, when he declared, ""Our Constitution is color-blind."" But in other judicial decisions--as well as in some areas of his life--Harlan's actions directly contradicted the essence of his famous statement. Similarly, Harlan was called the people's judge for favoring income tax and antitrust laws, yet he also upheld doctrines that benefited large corporations. Examining these and other puzzles in Harlan's judicial career, Linda Przybyszewski draws on a rich array of previously neglected sources--including the verbatim transcripts of his 1897-98 lectures on constitutional law, his wife's 1915 memoirs, and a compilation of opinions, drawn up by Harlan himself, that he wanted republished. Her thoughtful examination demonstrates how Harlan inherited the traditions of paternalism, nationalism, and religious faith; how he reshaped these traditions in light of his experiences as a lawyer, political candidate, and judge; and how he justified the vision of the law he wrote. An innovative combination of personal and judicial biography, this book makes an insightful contribution to American constitutional and intellectual history. |Combining judicial and personal biography, this book illuminates the legal thinking and vision of Supreme Court Justice John Marshall Harlan, who served from 1877-1911.
592 kr
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This volume is the first comprehensive history of the evolving relationship between American slavery and the law from colonial times to the Civil War. As Thomas Morris clearly shows, racial slavery came to the English colonies as an institution without strict legal definitions or guidelines. Specifically, he demonstrates that there was no coherent body of law that dealt solely with slaves. Instead, more general legal rules concerning inheritance, mortgages, and transfers of property coexisted with laws pertaining only to slaves. According to Morris, southern lawmakers and judges struggled to reconcile a social order based on slavery with existing English common law (or, in Louisiana, with continental civil law.) Because much was left to local interpretation, laws varied between and even within states. In addition, legal doctrine often differed from local practice. And, as Morris reveals, in the decades leading up to the Civil War, tensions mounted between the legal culture of racial slavery and the competing demands of capitalism and evangelical Christianity. |A comprehensive history of the evolving relationship between American slavery and the law from colonial times to the Civil War. (Please see cloth edition, published 2/96).
English Law in the Age of the Black Death, 1348-1381
A Transformation of Governance and Law
Häftad, Engelska, 2001
912 kr
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Robert Palmer's pathbreaking study shows how the Black Death triggered massive changes in both governance and law in fourteenth-century England, establishing the mechanisms by which the law adapted to social needs for centuries thereafter. The Black Death killed one-third of the English population between 1348 and 1351. To preserve traditional society, the king's government aggressively implemented new punitive legal remedies as a mechanism for social control. This attempt to shore up traditional society in fact transformed it. English governance now legitimately extended to routine regulation of all workers, from shepherds to innkeepers, smiths, and doctors. The new cohesiveness of the ecclesiastical and lay upper orders, the increase in subject matter jurisdictions, the growth of the chancellor's court, and the acceptance of coercive contractual remedies made the Black Death in England a transformative experience for law and for governance. Palmer's book, based on all of the available legal records, establishes a genuinely new interpretation and chronology of these important legal changes.
Mormon Question
Polygamy and Constitutional Conflict in Nineteenth-Century America
Häftad, Engelska, 2002
453 kr
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How the battle over polygamy redefined religious liberty in America; From the Mormon Church's public announcement of its sanction of polygamy in 1852 until its formal decision to abandon the practice in 1890, people on both sides of the ""Mormon question"" debated central questions of constitutional law. Did principles of religious freedom and local self-government protect Mormons' claim to a distinct, religiously based legal order? Or was polygamy, as its opponents claimed, a new form of slavery - this time for white women in Utah? And did constitutional principles dictate that democracy and true liberty were founded on separation of church and state? As Sarah Barringer Gordon shows, the answers to these questions finally yielded an apparent victory for antipolygamists in the late nineteenth century, but only after decades of argument, litigation, and open conflict. Victory came at a price; as attention and national resources poured into Utah in the late 1870s and 1880s, antipolygamists turned more and more to coercion and punishment in the name of freedom. They also left a legacy in constitutional law and political theory that still governs our treatment of religious life: Americans are free to believe, but they may well not be free to act on their beliefs.
536 kr
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Combining legal and social history, Bruce Mann explores the relationship between law and society from the mid-seventeenth century to the eve of the Revolution. Analyzing a sample of more than five thousand civil cases from the records of local courts in Connecticut, he shows how once-neighborly modes of disputing yielded to a legal system that treated neighbors and strangers alike. During the colonial period population growth, immigration, economic development, war, and religious revival transformed the nature and context of official and economic relations in Connecticut. Towns lost the insularity and homogeneity that made them the embodiment of community. Debt litigation was transformed from a communal model of disputing in which procedures were based on the individual disagreements to a system of mechanical rules that homogenized law. Pleading grew more technical, and the civil jury faded from predominance to comparative insignificance. Arbitration and church disciplinary proceedings, the usual alternatives to legal process, became more formal and legalistic and, ultimately, less communal. Using a computer-assisted analysis of court records and insights drawn from anthropology and sociology, Mann concludes that changes in the law and its applications were tied to the growing commercialization of the economy. They also can be attributed to the fledgling legal profession's approach to law as an autonomous system rather than as a communal process. These changes marked the advent of a legal system that valued predictability and uniformity of legal relations more than responsiveness to individual communities. Mann shows that by the eve of the Revolution colonial law had become less identified with community and more closely associated with society.
467 kr
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Stories of marital tragedy and legal struggle in the antebellum South; From the end of the Revolution until 1851, the Virginia legislature granted most divorces in the state. It granted divorces rarely, however, turning down two-thirds of those who petitioned for them. Men and women who sought release from unhappy marriages faced a harsh legal system buttressed by the political, religious, and communal cultures of southern life. Through the lens of this hostile environment, Thomas Buckley explores with sympathy the lives and legal struggles of those who challenged it. Based on research in almost 500 divorce files, The Great Catastrophe of My Life involves a wide cross-section of Virginians. Their stories expose southern attitudes and practices involving a spectrum of issues from marriage and family life to gender relations, interracial sex, adultery, desertion, and domestic violence. Although the oppressive legal regime these husbands and wives battled has passed away, the emotions behind their efforts to dissolve the bonds of marriage still resonate strongly.
Invention of Free Labor
The Employment Relation in English and American Law and Culture, 1350-1870
Häftad, Engelska, 2002
536 kr
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Examining the emergence of the modern conception of free labor--labor that could not be legally compelled, even though voluntarily agreed upon--Steinfeld explains how English law dominated the early American colonies, making violation of al labor agreements punishable by imprisonment. By the eighteenth century, traditional legal restrictions no longer applied to many kinds of colonial workers, but it was not until the nineteenth century that indentured servitude came to be regarded as similar to slavery.
467 kr
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Based on a detailed examination of New York case law, this pathbreaking book shows how law, politics, and ideology in the state changed in tandem between 1920 and 1980. Early twentieth-century New York was the scene of intense struggle between white, Anglo-Saxon, Protestant upper and middle classes located primarily in the upstate region and the impoverished, mainly Jewish and Roman Catholic, immigrant underclass centered in New York City. Beginning in the 1920s, however, judges such as Benjamin N. Cardozo, Henry J. Friendly, Learned Hand, and Harlan Fiske Stone used law to facilitate the entry of the underclass into the economic and social mainstream and to promote tolerance among all New Yorkers. Ultimately, says William Nelson, a new legal ideology was created. By the late 1930s, New Yorkers had begun to reconceptualize social conflict not along class lines but in terms of the power of majorities and the rights of minorities. In the process, they constructed a new approach to law and politics. Though doctrinal change began to slow by the 1960s, the main ambitions of the legalist reformation--liberty, equality, human dignity, and entrepreneurial opportunity--remain the aspirations of nearly all Americans, and of much of the rest of the world, today. |Based on a detailed examination of New York case law, this book shows how law, politics, and ideology in the state changed in tandem between 1920 and 1980, as state court judges used law to facilitate the entry of the underclass into the economic and social mainstream and to promote tolerance.
530 kr
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In the eighteenth century, the English common law courts laid the foundation that continues to support present-day Anglo-American law. Lord Mansfield, Chief Justice of the Court of King's Bench, 1756-1788, was the dominant judicial force behind these developments. In this abridgment of his two-volume book, The Mansfield Manuscripts and the Growth of English Law in the Eighteenth Century, James Oldham presents the fundamentals of the English common law during this period, with a detailed description of the operational features of the common law courts. This work includes revised and updated versions of the historical and analytical essays that introduced the case transcriptions in the original volumes, with each chapter focusing on a different aspect of the law. While considerable scholarship has been devoted to the eighteenth-century English criminal trial, little attention has been given to the civil side. This book helps to fill that gap, providing an understanding of the principal body of substantive law with which America's founding fathers would have been familiar. It is an invaluable reference for practicing lawyers, scholars, and students of Anglo-American legal history.
Crimes Against Children
Sexual Violence and Legal Culture in New York City, 1880-1960
Häftad, Engelska, 2005
426 kr
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In the first half of the twentieth century, Americans' intense concern with sex crimes against children led to a wave of public discussion, legislative action, and criminal prosecution. Stephen Robertson provides the first large-scale, long-term study of how American criminal courts dealt with the prosecution of sexual violence against children. Robertson describes how the nineteenth-century approach to childhood as a single phase of innocence began to shift at the end of the century to include several stages of childhood development, prompting reformers to create legal categories such as statutory rape and carnal abuse to protect children. However, while ordinary New Yorkers' involvement in the prosecution of those offenses reshaped their understandings of who was a child and produced a new concern to establish the age of their sexual partners, their beliefs in childhood innocence and in a concept of sexuality centered on sexual intercourse remained unchanged. As a result, families' use of the law and jurors' decisions ultimately diminished the protection the new laws offered to children. Robertson's study, based on the previously unexamined files of the New York County district attorney's office, reveals the importance of child sexuality and sex crimes in twentieth-century American culture.
647 kr
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John Henry Schlegel recovers a largely ignored aspect of American Legal Realism, a movement in legal thought in the 1920s and 1930s that sought to bring the modern notion of empirical science into the study and teaching of law. In this book, he explores individual Realist scholars' efforts to challenge the received notion that the study of law was primarily a matter of learning rules and how to manipulate them. He argues that empirical research was integral to Legal Realism, and he explores why this kind of research did not, finally, become a part of American law school curricula. Schlegel reviews the work of several prominent Realists but concentrates on the writings of Walter Wheeler Cook, Underhill Moore, and Charles E. Clark. He reveals how their interest in empirical research was a product of their personal and professional circumstances and demonstrates the influence of John Dewey's ideas on the expression of that interest. According to Schlegel, competing understandings of the role of empirical inquiry contributed to the slow decline of this kind of research by professors of law.A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
536 kr
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A compelling blend of legal and political history, this book chronicles the largest tenant rebellion in U.S. history. From its beginning in the rural villages of eastern New York in 1839 until its collapse in 1865, the Anti-Rent movement impelled the state's governors, legislators, judges, and journalists, as well as delegates to New York's bellwether constitutional convention of 1846, to wrestle with two difficult problems of social policy. One was how to put down violent tenant resistance to the enforcement of landlord property and contract rights. The second was how to abolish the archaic form of land tenure at the root of the rent strike. Charles McCurdy considers the public debate on these questions from a fresh perspective. Instead of treating law and politics as dependent variables--as mirrors of social interests or accelerators of social change--he highlights the manifold ways in which law and politics shaped both the pattern of Anti-Rent violence and the drive for land reform. In the process, he provides a major reinterpretation of the ideas and institutions that diminished the promise of American democracy in the supposed ""golden age"" of American law and politics.
467 kr
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America's legal consciousness was high during the era that saw the imprisonment of abolitionist editor William Lloyd Garrison, the execution of slave revolutionary Nat Turner, and the hangings of John Brown and his Harpers Ferry co-conspirators. Jeannine Marie DeLombard examines how debates over slavery in the three decades before the Civil War employed legal language to ""try"" the case for slavery in the court of public opinion via popular print media. Discussing autobiographies by Frederick Douglass, a scandal narrative about Sojourner Truth, an abolitionist speech by Henry David Thoreau, sentimental fiction by Harriet Beecher Stowe, and a proslavery novel by William MacCreary Burwell, DeLombard argues that American literature of the era cannot be fully understood without an appreciation for the slavery debate in the courts and in print. Combining legal, literary, and book history approaches, ""Slavery on Trial"" provides a refreshing alternative to the official perspectives offered by the nation's founding documents, legal treatises, statutes, and judicial decisions. DeLombard invites us to view the intersection of slavery and law as so many antebellum Americans did - through the lens of popular print culture.
Constituting Empire
New York and the Transformation of Constitutionalism in the Atlantic World, 1664-1830
Häftad, Engelska, 2008
418 kr
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In his paradigm-shifting analysis, Daniel J. Hulsebosch captures the essential paradox at the heart of American constitutional history: the Revolution, which brought political independence and substituted the people for the British crown as the source of legitimate authority, also led to the establishment of newly powerful constitutions and a new postcolonial genre of constitutional law that would have been the envy of the British imperial agents who had struggled to govern the colonies before the Revolution.The revolutionary transformation did not, therefore, consist of a new conception of the constitution as a set of restrictions on the power of the state, Hulsebosch argues. Instead, it entailed a search for new ways of framing, empowering, and limiting official power. Hulsebosch demonstrates that these constitutional experiments were informed by imperial experience and continued well into the nineteenth century, as New York moved from the periphery of the British Atlantic empire to the center of a new continental empire.
Mansfield Manuscripts and the Growth of English Law in the Eighteenth Century, Volume I
Häftad, Engelska, 2012
1 053 kr
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Using voluminous trial notes and previously unexplored documents, Oldham provides a reappraisal of the judicial career of Lord Mansfield, chief justice of the Court of King's Bench in England from 1756 to 1799. In this two-volume work, he presents important biographical information about Mansfield and brings to life the context, personalities, and operational features of the Court of King's Bench during the eighteenth century.Originally published in 2012.A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
580 kr
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Allen Steinberg brings to life the court-centered criminal justice system of nineteenth-century Philadelphia, chronicles its eclipse, and contrasts it to the system - dominated by the police and public prosecutor - that replaced it. He offers a major reinterpretation of criminal justice in nineteenth-century America by examining this transformation from private to state prosecution and analyzing the discontinuity between the two systems.Steinberg first establishes why the courts were the sources of law enforcement, authority, and criminal justice before the advent of the police. He shows how the city's system of private prosecution worked, adapted to massive social change, and came to dominate the culture of criminal justice even during the first decades following the introduction of the police. He then considers the dilemmas that prompted reform, beginning with the establishment of a professional police force and culminating in the restructuring of primary justice.Making extensive use of court dockets, state and municipal government publications, public speeches, personal memoirs, newspapers, and other contemporary records, Steinberg explains the intimate connections between private prosecution, the everyday lives of ordinary people, and the conduct of urban politics. He ties the history of Philadelphia's criminal courts closely to related developments in the city's social and political evolution, making a contribution not only to the study of criminal justice but also to the larger literature on urban, social, and legal history.Originally published in 1989.A UNC Press Enduring Edition - UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.