Author: Christopher L. Tomlins,Bruce H. Mann
Publisher: UNC Press Books
View: 8437This collection of seventeen original essays reshapes the field of early American legal history not by focusing simply on law, or even on the relationship between law and society, but by using the concept of "legality" to explore the myriad ways in which the people of early America ordered their relationships with one another, whether as individuals, groups, classes, communities, or states. Addressing issues of gender, ethnicity, family, patriarchy, culture, and dependence, contributors explore the transatlantic context of early American law, the negotiation between European and indigenous legal cultures, the multiple social contexts of the rule of law, and the transformation of many legalities into an increasingly uniform legal culture. Taken together, these essays reveal the extraordinary diversity and complexity of the roots of early America's legal culture. Contributors are Mary Sarah Bilder, Holly Brewer, James F. Brooks, Richard Lyman Bushman, Christine Daniels, Cornelia Hughes Dayton, David Barry Gaspar, Katherine Hermes, John G. Kolp, David Thomas Konig, James Muldoon, William M. Offutt Jr., Ann Marie Plane, A. G. Roeber, Terri L. Snyder, and Linda L. Sturtz.
Author: Thomas D. Morris
Publisher: Univ of North Carolina Press
View: 9692This 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.
Kinship and Property in Preindustrial China and England
Author: Taisu Zhang
Publisher: Cambridge University Press
Category: Business & Economics
View: 749Tying together cultural history, legal history, and institutional economics, The Laws and Economics of Confucianism: Kinship and Property in Pre-Industrial China and England offers a novel argument as to why Chinese and English pre-industrial economic development went down different paths. The dominance of Neo-Confucian social hierarchies in Late Imperial and Republican China, under which advanced age and generational seniority were the primary determinants of sociopolitical status, allowed many poor but senior individuals to possess status and political authority highly disproportionate to their wealth. In comparison, landed wealth was a fairly strict prerequisite for high status and authority in the far more 'individualist' society of early modern England, essentially excluding low-income individuals from secular positions of prestige and leadership. Zhang argues that this social difference had major consequences for property institutions and agricultural production.
Author: Sara L. Kimble,Marion Röwekamp
View: 8360This book integrates women’s history and legal studies within the broader context of modern European history in the late nineteenth and twentieth centuries. Sixteen contributions from fourteen countries explore the ways in which the law contributes to the social construction of gender. They analyze questions of family law and international law and highlight the politics of gender in the legal professions in a variety of historical, social and national settings, including Eastern, Southern, Western, Northern and Central Europe. Focusing on different legal cultures, they show us the similarities and differences in the ways the law has shaped the contours of women and men’s lives in powerful ways. They also show how women have used legal knowledge to struggle for their equal rights on the national and transnational level. The chapters address the interconnectedness of the history of feminism, legislative reforms, and women’s citizenship, and build a foundation for a comparative vision of women’s legal history in modern Europe.
A Legal History of U.S. Women
Author: Joan Hoff
Publisher: NYU Press
View: 6718In 1782, J. Hector St. John de Crèvecoeur wrote, “What then, is the American, this new man? He is an American, who, leaving behind him all his ancient prejudices and manners, receives new ones from the new mode of life he has embraced.” In casting aside their European mores, these pioneers, de Crèvecoeur implied, were the very embodiment of a new culture, society, economy, and political system. But to what extent did manliness shape early America's character and institutions? And what roles did race, ethnicity, and class play in forming masculinity? Thomas A. Foster and his contributors grapple with these questions in New Men, showcasing how colonial and Revolutionary conditions gave rise to new standards of British American manliness. Focusing on Indian, African, and European masculinities in British America from earliest Jamestown through the Revolutionary era, and addressing such topics that range from slavery to philanthropy, and from satire to warfare, the essays in this anthology collectively demonstrate how the economic, political, social, cultural, and religious conditions of early America shaped and were shaped by ideals of masculinity. Contributors: Susan Abram, Tyler Boulware, Kathleen Brown, Trevor Burnard, Toby L. Ditz, Carolyn Eastman, Benjamin Irvin, Janet Moore Lindman, John Gilbert McCurdy, Mary Beth Norton, Ann Marie Plane, Jessica Choppin Roney, and Natalie A. Zacek.
A History of Race and Rights in Antebellum America
Author: Martha S. Jones
Publisher: Cambridge University Press
View: 8304Explains the origins of the Fourteenth Amendment's birthright citizenship provision, as a story of black Americans' pre-Civil War claims to belonging.
Volume I: The Chesapeake and New England 1607-1660
Author: William E. Nelson
Publisher: Oxford University Press
View: 7323Drawing on groundbreaking and overwhelmingly extensive research into local court records, The Common Law in Colonial America proposes a "new beginning" in the study of colonial legal history, as it charts the course of the common law in Early America, to reveal how the models of law that emerged differed drastically from that of the English common law. In this first volume, Nelson explores how the law of the Chesapeake colonies--Virginia and Maryland--differed from the New England colonies--Massachusetts Bay, Connecticut, New Haven, Plymouth, and Rhode Island--and looks at the differences between the colonial legal systems within the two regions, from their initial settlement until approximately 1660.
Carceral Culture in Early America
Author: Jen Manion
Publisher: University of Pennsylvania Press
View: 7533Liberty's Prisoners examines how changing attitudes about work, freedom, property, and family shaped the creation of the penitentiary system in the United States. The first penitentiary was founded in Philadelphia in 1790, a period of great optimism and turmoil in the Revolution's wake. Those who were previously dependents with no legal standing—women, enslaved people, and indentured servants—increasingly claimed their own right to life, liberty, and happiness. A diverse cast of women and men, including immigrants, African Americans, and the Irish and Anglo-American poor, struggled to make a living. Vagrancy laws were used to crack down on those who visibly challenged longstanding social hierarchies while criminal convictions carried severe sentences for even the most trivial property crimes. The penitentiary was designed to reestablish order, both behind its walls and in society at large, but the promise of reformative incarceration failed from its earliest years. Within this system, women served a vital function, and Liberty's Prisoners is the first book to bring to life the experience of African American, immigrant, and poor white women imprisoned in early America. Always a minority of prisoners, women provided domestic labor within the institution and served as model inmates, more likely to submit to the authority of guards, inspectors, and reformers. White men, the primary targets of reformative incarceration, challenged authorities at every turn while African American men were increasingly segregated and denied access to reform. Liberty's Prisoners chronicles how the penitentiary, though initially designed as an alternative to corporal punishment for the most egregious of offenders, quickly became a repository for those who attempted to lay claim to the new nation's promise of liberty.
Quebec and the Canadas
Author: George Blaine Baker,Donald Fyson
Publisher: University of Toronto Press
View: 2737The essays in this volume deal with the legal history of the Province of Quebec, Upper and Lower Canada, and the Province of Canada between the British conquest of 1759 and confederation of the British North America colonies in 1867. The backbone of the modern Canadian provinces of Ontario and Quebec, this geographic area was unified politically for more than half of the period under consideration. As such, four of the papers are set in the geographic cradle of modern Quebec, four treat nineteenth-century Ontario, and the remaining four deal with the St. Lawrence and Great Lakes watershed as a whole. The authors come from disciplines as diverse as history, socio-legal studies, women’s studies, and law. The majority make substantial use of second-language sources in their essays, which shade into intellectual history, social and family history, regulatory history, and political history.
Author: Anne Lorene Chambers,Osgoode Society for Canadian Legal History
Publisher: University of Toronto Press
View: 361A meticulously researched and revisionist study of the nineteenth-century Ontario's Married Women's Property Acts. They were important landmarks in the legal emancipation of women.
Author: Paul Finkelman
Publisher: Rowman & Littlefield Publishers
View: 9244In this book, prominent historians of slavery and legal scholars analyze the intricate relationship between slavery, race, and the law from the earliest Black Codes in colonial America to the passage of the Fugitive Slave Law and the Dred Scott decision prior to the Civil War. Slavery & the Law's wide-ranging essays focus on comparative slave law, auctioneering practices, rules of evidence, and property rights, as well as issues of criminality, punishment, and constitutional law.
Author: James E. Penner
Publisher: Oxford University Press
View: 3171In The Idea of Property in Law, Penner considers the concept of property and its place in the legal environment. Penner proposes that the idea of property as a bundle of rights" - the right to possess, the right to use, the right to destroy etc. - is deficient as a concept, failing to effectively characterise any particular sort of legal relation, and evading attempts to decide which rights are critical to the "bundle". Through a thorough exploration of property rules, property rights, and the interests which property serves and protects, Penner develops an alternative interpretation and goes on to consider how property interacts with the broader legal system."
Author: Sally E. Hadden,Alfred L. Brophy
Publisher: John Wiley & Sons
View: 6534A Companion to American Legal History presents a compilation of the most recent writings from leading scholars on American legal history from the colonial era through the late twentieth century. Presents up-to-date research describing the key debates in American legal history Reflects the current state of American legal history research and points readers in the direction of future research Represents an ideal companion for graduate and law students seeking an introduction to the field, the key questions, and future research ideas
Author: Phillip Alfred Buckner,R. Douglas Francis
Publisher: University of Calgary Press
View: 7718The essays presented in this collection consider a wide range of cultural, social and intellectual topics specific to British History from the mid-19th to the mid-20th century. The book attempts to show the centrality of the Empire in the history of various nations created by the British diaspora overseas. It examines numerous topics relating to British history, including the history of the old self-governing Dominions -- Canada, South Africa, New Zealand and Australia -- and seeks to uncover the true nature of how British Imperial history has been written. Rejecting a nostalgic point of view, these essays written by leaders in the field, are cast in a critical light asking the reader to evaluate the historiographical context of British history.
Author: Lucy Delap,Maria DiCenzo,Leila Ryan
Publisher: Taylor & Francis
View: 2834The Edwardian period experienced a particularly vibrant periodical culture, with phenomenal growth in the numbers of titles published that were either aimed specifically at women, or else saw women as a key section of their readership or contributor group. It was an era of political ferment in which a number of 'progressive' traditions were formulated, shaped or abandoned, including socialism, feminism, modernism, empire politics, trade unionism and welfarism. Organized around some of the central themes of political thought and utopian thinking, this impressive collection gathers together classic articles from key periodicals. The set presents a comprehensive sourcebook of readings on Edwardian/Progressive era feminist thought, exploring the intervention of the radical public intellectuals working in these traditions in North America and the UK from 1900-1918.