Author: Mary Sarah Bilder

Publisher: Harvard University Press

ISBN: 9780674020948

Category: History

Page: 308

View: 7402

Departing from traditional approaches to colonial legal history, Mary Sarah Bilder argues that American law and legal culture developed within the framework of an evolving, unwritten transatlantic constitution that lawyers, legislators, and litigants on both sides of the Atlantic understood. The central tenet of this constitution--that colonial laws and customs could not be repugnant to the laws of England but could diverge for local circumstances--shaped the legal development of the colonial world.
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Colonial Legal Culture and the Empire

Author: Mary Sarah Bilder

Publisher: N.A

ISBN: 9780674027190

Category: History

Page: 291

View: 6281

Departing from traditional approaches to colonial legal history, Mary Sarah Bilder argues that American law and legal culture developed within the framework of an evolving, unwritten transatlantic constitution that lawyers, legislators, and litigants on both sides of the Atlantic understood. The central tenet of this constitutionâe"that colonial laws and customs could not be repugnant to the laws of England but could diverge for local circumstancesâe"shaped the legal development of the colonial world. Focusing on practices rather than doctrines, Bilder describes how the pragmatic and flexible conversation about this constitution shaped colonial law: the development of the legal profession; the place of English law in the colonies; the existence of equity courts and legislative equitable relief; property rights for women and inheritance laws; commercial law and currency reform; and laws governing religious establishment. Using as a case study the corporate colony of Rhode Island, which had the largest number of appeals of any mainland colony to the English Privy Council, she reconstructs a largely unknown world of pre-Constitutional legal culture.
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Law, Labor, and Civic Identity in Colonizing English America, 1580–1865

Author: Christopher Tomlins

Publisher: Cambridge University Press

ISBN: 9781139490931

Category: History

Page: N.A

View: 8424

Freedom Bound is about the origins of modern America - a history of colonizing, work and civic identity from the beginnings of English presence on the mainland until the Civil War. It is a history of migrants and migrations, of colonizers and colonized, of households and servitude and slavery, and of the freedom all craved and some found. Above all it is a history of the law that framed the entire process. Freedom Bound tells how colonies were planted in occupied territories, how they were populated with migrants - free and unfree - to do the work of colonizing and how the newcomers secured possession. It tells of the new civic lives that seemed possible in new commonwealths and of the constraints that kept many from enjoying them. It follows the story long past the end of the eighteenth century until the American Civil War, when - just for a moment - it seemed that freedom might finally be unbound.
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The Legal Foundations of Empire, 1576-1640

Author: Ken MacMillan

Publisher: Cambridge University Press

ISBN: 0521870097

Category: History

Page: 235

View: 9943

How did English notions of sovereignty, empire and law impact their methods of settlement in the Americas?
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Theological Roots of the Criminal Trial

Author: James Q. Whitman

Publisher: Yale University Press

ISBN: 9780300116007

Category: History

Page: 276

View: 5648

To be convicted of a crime in the United States, a person must be proven guilty “beyond a reasonable doubt.” But what is reasonable doubt? Even sophisticated legal experts find this fundamental doctrine difficult to explain. In this accessible book, James Q. Whitman digs deep into the history of the law and discovers that we have lost sight of the original purpose of “reasonable doubt.” It was not originally a legal rule at all, he shows, but a theological one. The rule as we understand it today is intended to protect the accused. But Whitman traces its history back through centuries of Christian theology and common-law history to reveal that the original concern was to protect the souls of jurors. In Christian tradition, a person who experienced doubt yet convicted an innocent defendant was guilty of a mortal sin. Jurors fearful for their own souls were reassured that they were safe, as long as their doubts were not “reasonable.” Today, the old rule of reasonable doubt survives, but it has been turned to different purposes. The result is confusion for jurors, and a serious moral challenge for our system of justice.
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Law and Identity in the Early American Republic

Author: Ellen Holmes Pearson

Publisher: University of Virginia Press

ISBN: 0813930936

Category: History

Page: 272

View: 8601

History has largely forgotten the writings, both public and private, of early nineteenth-century America’s legal scholars. However, Ellen Holmes Pearson argues that the observers from this era had a unique perspective on the young nation and the directions in which its legal culture might go. Remaking Custom draws on the law lectures, treatises, speeches, and papers of the early republic’s legal scholars to examine the critical role that they played in the formation of American identities. As intermediaries between the founders of America’s newly independent polities and the next generation of legal practitioners and political leaders, the nation’s law educators expressed pride in the retention of the "republican parts" of England’s common law while at the same time identifying some of the central features that distinguished American law from that of Britain. From their perspective, the new nation’s blending of tradition and innovation produced a superior national character. Because American law educators interpreted both local and national legal trends, Remaking Custom reveals how national identities developed through Americans’ articulation of their local customs and identities. Pearson examines the innovations that legists could celebrate, such as constitutional changes that placed the people at the center of their governments and more egalitarian property laws that accompanied America’s abundant supply of land. The book also deals with innovations that presented uncomfortable challenges to law educators as they sought creative ways to justify the legal cultures that grew up around slavery and Anglo-Americans’ hunger for land occupied by Native Americans.
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Author: Margaret W. Ferguson,A. R. Buck,Nancy E. Wright

Publisher: N.A

ISBN: 9780802087577

Category: History

Page: 316

View: 7982

Women, Property, and the Letters of the Law in Early Modern England turns to these points of departure for the study of women's legal status and property relationships in the early modern period.
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Essays on Transplantation, Adaptation, and Continuity

Author: Jack P. Greene

Publisher: University of Virginia Press

ISBN: 0813933897

Category: History

Page: 480

View: 8782

Set mostly within an expansive British imperial and transatlantic framework, this new selection of writings from the renowned historian Jack P. Greene draws on themes he has been developing throughout his distinguished career. In these essays Greene explores the efforts to impose Old World institutions, identities, and values upon the New World societies being created during the colonization process. He shows how transplanted Old World components—political, legal, and social—were adapted to meet the demands of new, economically viable, expansive cultural hearths. Greene argues that these transplantations and adaptations were of fundamental importance in the formation and evolution of the new American republic and the society it represented. The scope of this work allows Greene to consider in depth numerous subjects, including the dynamics of colonization, the development and character of provincial identities, the relationship between new settler societies in America and the emerging British Empire, and the role of cultural power in social and political formation.
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From England to Empire

Author: Paul Delaney Halliday

Publisher: Harvard University Press

ISBN: 9780674049017

Category: History

Page: 502

View: 5643

A revisionist history of habeas corpus the world's most revered legal device. Habeas corpus was not established to protect the rights of the individual but rather to protect the individual from abusive judges and jailers.
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Revising the Constitutional Convention

Author: Mary Sarah Bilder

Publisher: Harvard University Press

ISBN: 0674495500

Category: History

Page: 382

View: 2087

No document depicts the Constitutional Convention’s charismatic figures, crushing disappointments, and miraculous triumphs with the force of Madison’s Notes. But how reliable is this account? Drawing on digital technologies and textual analysis, Mary Sarah Bilder reveals that Madison revised to a far greater extent than previously recognized.
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Empire, Science, and Intellectual Culture in British New York

Author: John M. Dixon

Publisher: Cornell University Press

ISBN: 1501703501

Category: History

Page: 264

View: 5705

Was there a conservative Enlightenment? Could a self-proclaimed man of learning and progressive science also have been an agent of monarchy and reaction? Cadwallader Colden (1688–1776), an educated Scottish emigrant and powerful colonial politician, was at the forefront of American intellectual culture in the mid-eighteenth century. While living in rural New York, he recruited family, friends, servants, and slaves into multiple scientific ventures and built a transatlantic network of contacts and correspondents that included Benjamin Franklin and Carl Linnaeus. Over several decades, Colden pioneered colonial botany, produced new theories of animal and human physiology, authored an influential history of the Iroquois, and developed bold new principles of physics and an engaging explanation of the cause of gravity. The Enlightenment of Cadwallader Colden traces the life and ideas of this fascinating and controversial "gentleman-scholar." John M. Dixon’s lively and accessible account explores the overlapping ideological, social, and political worlds of this earliest of New York intellectuals. Colden and other learned colonials used intellectual practices to assert their gentility and establish their social and political superiority, but their elitist claims to cultural authority remained flimsy and open to widespread local derision. Although Colden, who governed New York as an unpopular Crown loyalist during the imperial crises of the 1760s and 1770s, was brutally lampooned by the New York press, his scientific work, which was published in Europe, raised the international profile of American intellectualism.
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New York and the Transformation of Constitutionalism in the Atlantic World, 1664-1830

Author: Daniel J. Hulsebosch

Publisher: Univ of North Carolina Press

ISBN: 9780807876879

Category: Law

Page: 496

View: 1395

According to the traditional understanding of American constitutional law, the Revolution produced a new conception of the constitution as a set of restrictions on the power of the state rather than a mere description of governmental roles. Daniel J. Hulsebosch complicates this viewpoint by arguing that American ideas of constitutions were based on British ones and that, in New York, those ideas evolved over the long eighteenth century as New York moved from the periphery of the British Atlantic empire to the center of a new continental empire. Hulsebosch explains how colonists and administrators reconfigured British legal sources to suit their needs in an expanding empire. In this story, familiar characters such as Alexander Hamilton and James Kent appear in a new light as among the nation's most important framers, and forgotten loyalists such as Superintendent of Indian Affairs Sir William Johnson and lawyer William Smith Jr. are rightly returned to places of prominence. In his paradigm-shifting analysis, 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 a newly powerful constitution 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.
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Author: Jenny S. Martinez

Publisher: OUP USA

ISBN: 0195391624

Category: History

Page: 254

View: 474

As Jenny Martinez shows in this groundbreaking new book, the international human rights law that we know today is not solely a post-World War II development, as most scholars claim, but rather has roots in one of the nineteenth century's central moral causes: the movement to ban the international slave trade. Martinez focuses in particular on international courts for the suppression of the slave trade. The courts, which were created by treaties and based in the Caribbean, West Africa,Cape Town, and Brazil, helped free more than 80,000 Africans from captured slave ships between 1807 and 1871. Here then, buried in the dusty archives of admiralty courts, ships' logs, and the British foreign office, Martinez uncovers the foundations of contemporary human rights law: international courts exercising jurisdiction over crimes against humanity" long before the Nuremberg trials. Fueled by a powerful thesis and drawing on novel evidence, Martinez's work will reshape the fields of human rights history and international human rights law."
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The Revolution Before 1776

Author: Jon Butler

Publisher: Harvard University Press

ISBN: 9780674006676

Category: History

Page: 324

View: 1772

Butler's panoramic view of the American colonies after 1680 transforms the customary picture of pre-revolutionary America, revealing a strikingly "modern" character that belies the 18th century quaintness fixed in history. 21 halftones.
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Author: David J. Bodenhamer

Publisher: Oxford University Press

ISBN: 019991303X

Category: History

Page: 296

View: 3754

The framers of the Constitution chose their words carefully when they wrote of a more perfect union--not absolutely perfect, but with room for improvement. Indeed, we no longer operate under the same Constitution as that ratified in 1788, or even the one completed by the Bill of Rights in 1791--because we are no longer the same nation. In The Revolutionary Constitution, David J. Bodenhamer provides a comprehensive new look at America's basic law, integrating the latest legal scholarship with historical context to highlight how it has evolved over time. The Constitution, he notes, was the product of the first modern revolution, and revolutions are, by definition, moments when the past shifts toward an unfamiliar future, one radically different from what was foreseen only a brief time earlier. In seeking to balance power and liberty, the framers established a structure that would allow future generations to continually readjust the scale. Bodenhamer explores this dynamic through seven major constitutional themes: federalism, balance of powers, property, representation, equality, rights, and security. With each, he takes a historical approach, following their changes over time. For example, the framers wrote multiple protections for property rights into the Constitution in response to actions by state governments after the Revolution. But twentieth-century courts--and Congress--redefined property rights through measures such as zoning and the designation of historical landmarks (diminishing their commercial value) in response to the needs of a modern economy. The framers anticipated just such a future reworking of their own compromises between liberty and power. With up-to-the-minute legal expertise and a broad grasp of the social and political context, this book is a tour de force of Constitutional history and analysis.
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Center and Periphery in the English Atlantic World

Author: K. MacMillan

Publisher: Springer

ISBN: 0230339670

Category: History

Page: 250

View: 9130

Drawing on recent trends in both Atlantic and center-periphery literature, this book examines the relationship between the English crown - monarch, privy council, and ancillary bodies - and its Atlantic colonies under the early Stuart monarchs, James I and Charles I, circa 1603-1642.
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Britain and Spain in America, 1492-1830

Author: John Huxtable Elliott

Publisher: Yale University Press

ISBN: 9780300123999

Category: History

Page: 546

View: 4498

Compares the empires built by Spain and Britain in the Americas, from Columbus's arrival in the New World to the end of Spanish colonial rule in the early nineteenth century.
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Complex Identities in the Atlantic World

Author: Harald E. Braun,Jesús Pérez-Magallón

Publisher: Routledge

ISBN: 1317013697

Category: Social Science

Page: 330

View: 1257

Gathering a group of internationally renowned scholars, this volume presents cutting-edge research on the complex processes of identity formation in the transatlantic world of the Hispanic Baroque. Identities in the Hispanic world are deeply intertwined with sociological concepts such as class and estate, with geography and religion (i.e. the mixing of Spanish Catholics with converted Jews, Muslims, Dutch and German Protestants), and with issues related to the ethnic diversity of the world’s first transatlantic empire and its various miscegenations. Contributors to this volume offer the reader diverse vantage points on the challenging problem of how identities in the Hispanic world may be analyzed and interpreted. A number of contributors relate earlier processes and formations to Neo-Baroque and postmodern conceptualisations of identity. Given the strong interest in identity and identity-formation within contemporary cultural studies, the book will be of interest to a broad group of readers from the fields of law, geography, history, anthropology and literature.
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Law and Geography in European Empires, 1400–1900

Author: Lauren Benton

Publisher: Cambridge University Press

ISBN: 1107782716

Category: History

Page: N.A

View: 4613

A Search for Sovereignty approaches world history by examining the relation of law and geography in European empires between 1400 and 1900. Lauren Benton argues that Europeans imagined imperial space as networks of corridors and enclaves, and that they constructed sovereignty in ways that merged ideas about geography and law. Conflicts over treason, piracy, convict transportation, martial law, and crime created irregular spaces of law, while also attaching legal meanings to familiar geographic categories such as rivers, oceans, islands, and mountains. The resulting legal and spatial anomalies influenced debates about imperial constitutions and international law both in the colonies and at home. This study changes our understanding of empire and its legacies and opens new perspectives on the global history of law.
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British America and the Early United States

Author: Peter Thompson,Peter S. Onuf

Publisher: University of Virginia Press

ISBN: 0813933498

Category: History

Page: 311

View: 2498

Pointing the way to a new history of the transformation of British subjects into American citizens, State and Citizen challenges the presumption that the early American state was weak by exploring the changing legal and political meaning of citizenship. The volume’s distinguished contributors cast new light on the shift from subjecthood to citizenship during the American Revolution by showing that the federal state played a much greater part than is commonly supposed. Going beyond master narratives—celebratory or revisionist—that center on founding principles, the contributors argue that geopolitical realities and the federal state were at the center of early American political development. The volume’s editors, Peter Thompson and Peter S. Onuf, bring together political science and historical methodologies to demonstrate that citizenship was a political as well as a legal concept. The American state, this collection argues, was formed and evolved in a more dialectical relationship between citizens and government authority than is generally acknowledged. Suggesting points of comparison between an American narrative of state development—previously thought to be exceptional—and those of Europe and Latin America, the contributors break fresh ground by investigating citizenship in its historical context rather than by reference only to its capacity to confer privileges.
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