Law and People in Colonial America

Author: Peter Charles Hoffer

Publisher: JHU Press

ISBN: 9780801858161

Category: History

Page: 193

View: 4370

This revised edition of Law and People in Colonial America will incorporate recent scholarship and encompass American Indians, the French, and Spaniards as people who—on the fringes of English settlement—raised interesting questions. Among them: how in legal terms did the English deal with "marginal"societies; how does this posture help us to understand English law and the changes the New World forced upon it; and how did these people on the outside themselves view English law?

The Oxford Handbook of Environmental History

Author: Andrew C. Isenberg

Publisher: Oxford University Press

ISBN: 0199394474

Category: Science

Page: 640

View: 4182

The field of environmental history emerged just decades ago but has established itself as one of the most innovative and important new approaches to history, one that bridges the human and natural world, the humanities and the sciences. With the current trend towards internationalizing history, environmental history is perhaps the quintessential approach to studying subjects outside the nation-state model, with pollution, global warming, and other issues affecting the earth not stopping at national borders. With 25 essays, this Handbook is global in scope and innovative in organization, looking at the field thematically through such categories as climate, disease, oceans, the body, energy, consumerism, and international relations.

Essays in the History of Canadian Law

Quebec and the Canadas

Author: George Blaine Baker,Donald Fyson

Publisher: University of Toronto Press

ISBN: 1442670061

Category: History

Page: 608

View: 5473

The 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.

A Distant Heritage

The Growth of Free Speech in Early America

Author: Larry Eldridge

Publisher: NYU Press

ISBN: 9780814722954

Category: History

Page: 216

View: 341

Historians often rely on a handful of unusual cases to illustrate the absence of free speech in the colonies—such as that of Richard Barnes, who had his arms broken and a hole bored through his tongue for seditious words against the governor of Virginia. In this definitive and accessible work, Larry Eldridge convincingly debunks this view by revealing surprising evidence of free speech in early America. Using the court records of every American colony that existed before 1700 and an analysis of over 1,200 seditious speech cases sifted from those records, A Distant Heritage shows how colonists experienced a dramatic expansion during the seventeenth century of their freedom to criticize government and its officials. Exploring important changes in the roles of juries and appeals, the nature of prosecution and punishment, and the pattern of growing leniency, Eldridge also shows us why this expansion occurred when it did. He concludes that the ironic combination of tumult and destabilization on the one hand, and steady growth and development on the other, made colonists more willing to criticize authority openly and officials less able to prevent it. That, in turn, established a foundation for the more celebrated flowering of colonial dissent against English authority in the eighteenth century. Steeped in primary sources and richly narrated, this is an invaluable addition to the library of anyone interested in legal history, colonial America, or the birth of free speech in the United States.

Heretics in the Temple

Americans Who Reject the Nation's Legal Faith

Author: David Ray Papke

Publisher: NYU Press

ISBN: 0814768849

Category: Law

Page: 214

View: 9297

Americans seem increasingly disenchanted with their legal system. In the wake of several high-profile trials, America's faith in legal authority appears profoundly shaken. And yet, as David Ray Papke shows in this dramatic and erudite tour of American history, many Americans have challenged and often rejected the rule of law since the earliest days of the country's founding. Papke traces the lineage of such legal heretics from nineteenth-century activists William Lloyd Garrison and Elizabeth Cady Stanton, through Eugene Debs, and up to more recent radicals, such as the Black Panther Party, anti-abortionists, and militia members. A tradition of American legal heresy clearly emerges--linked together by a body of shared references, idols, and commitments--that problematizes the American belief in legal neutrality and highlights the historical conflicts between law and justice. Questioning the legal faith both peculiar and essential to American mythology, this alternative tradition is in itself an overlooked feature of American history and culture.

The Brave New World

A History of Early America

Author: Peter Charles Hoffer

Publisher: JHU Press

ISBN: 9780801884832

Category: History

Page: 533

View: 6542

Wide-ranging in scope, inclusive in content, the revised edition of The Brave New World continues to provide professors, students, and historians with an engaging and accessible history of early North America.

English Common Law in the Early American Colonies

Author: Paul Samuel Reinsch

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584774878

Category: History

Page: 64

View: 8316

Reinsch, Paul Samuel. English Common Law in the Early American Colonies. Madison: [Bulletin of the University of Wisconsin], 1899. 64 pp. Reprint available December, 2004 by the Lawbook Exchange, Ltd. ISBN 1-58477-487-8. Cloth. $65. * This focused study of the institutional framework of colonial government addresses the colonial policy of the European powers, the motives and methods of colonial expansion, the general forms of colonial government and how the administrative and legislative methods of each colony grew to accommodate them.

Colonial America

A Complete Theme Unit Developed in Cooperation with the Colonial Williamsburg Foundation

Author: Mary Kay Carson

Publisher: Scholastic

ISBN: 9780590965606

Category: History

Page: 64

View: 3423

Complete resource guide helps children understand Colonial American life with hands-on activities, maps, photos and more reproducible items. Full-color poster included.

A People's History of the Supreme Court

The Men and Women Whose Cases and Decisions Have Shaped OurConstitution: Revised Edition

Author: Peter Irons

Publisher: Penguin

ISBN: 9781101503133

Category: Political Science

Page: 576

View: 3311

A comprehensive history of the people and cases that have changed history, this is the definitive account of the nation's highest court Recent changes in the Supreme Court have placed the venerable institution at the forefront of current affairs, making this comprehensive and engaging work as timely as ever. In the tradition of Howard Zinn's classic A People's History of the United States, Peter Irons chronicles the decisions that have influenced virtually every aspect of our society, from the debates over judicial power to controversial rulings in the past regarding slavery, racial segregation, and abortion, as well as more current cases about school prayer, the Bush/Gore election results, and "enemy combatants." To understand key issues facing the supreme court and the current battle for the court's ideological makeup, there is no better guide than Peter Irons. This revised and updated edition includes a foreword by Howard Zinn. "A sophisticated narrative history of the Supreme Court . . . [Irons] breathes abundant life into old documents and reminds readers that today's fiercest arguments about rights are the continuation of the endless American conversation." -Publisher's Weekly (starred review)

Sensory Worlds in Early America

Author: Peter Charles Hoffer

Publisher: JHU Press

ISBN: 0801881366

Category: History

Page: 344

View: 8696

Over the past half-century, historians have greatly enriched our understanding of America's past, broadening their fields of inquiry from such traditional topics as politics and war to include the agency of class, race, ethnicity, and gender and to focus on the lives of ordinary men and women. We now know that homes and workplaces form a part of our history as important as battlefields and the corridors of power. Only recently, however, have historians begun to examine the fundamentals of lived experience and how people perceive the world through the five senses. In this ambitious work, Peter Charles Hoffer presents a "sensory history" of early North America, offering a bold new understanding of the role that sight, sound, smell, taste, and touch played in shaping the lives of Europeans, Indians, and Africans in the New World. Reconstructing the most ephemeral aspects of America's colonial past—the choking stench of black powder, the cacophony of unfamiliar languages, the taste of fresh water and new foods, the first sight of strange peoples and foreign landscapes, the rough texture of homespun, the clumsy weight of a hoe—Hoffer explores the impact of sensuous experiences on human thought and action. He traces the effect sensation and perception had on the cause and course of events conventionally attributed to deeper cultural and material circumstances. Hoffer revisits select key events, encounters, and writings from America's colonial past to uncover the sensory elements in each and decipher the ways in which sensual data were mediated by prevailing and often conflicting cultural norms. Among the episodes he reexamines are the first meetings of Europeans and Native Americans; belief in and encounters with the supernatural; the experience of slavery and slave revolts; the physical and emotional fervor of the Great Awakening; and the feelings that prompted the Revolution. Imaginatively conceived, deeply informed, and elegantly written, Sensory Worlds of Early America convincingly establishes sensory experience as a legitimate object of historical inquiry and vividly brings America's colonial era to life. -- Richard Godbeer, author of Sexual Revolution in Early America

The Common Law in Colonial America

Volume II: The Middle Colonies and the Carolinas, 1660-1730

Author: William E. Nelson

Publisher: Oxford University Press

ISBN: 0199937753

Category: History

Page: 240

View: 2166

In this four-volume series, the author shows how the legal systems of Britain's 13 North American colonies - initially established in response to divergent political, economic, and religious initiatives - slowly converged into a common American legal order that differed substantially from English common law.

Crime and Punishment in Latin America

Law and Society Since Late Colonial Times

Author: Ricardo D. Salvatore,Carlos Aguirre,Gilbert M. Joseph

Publisher: Duke University Press

ISBN: 9780822327448

Category: History

Page: 448

View: 2189

DIVEssays in collection argue that Latin American legal institutions were both mechanisms of social control and unique arenas for ordinary people to contest government policies and resist exploitation./div

Legal Education in the United States

Author: Albert James Harno

Publisher: The Lawbook Exchange, Ltd.

ISBN: 158477441X

Category: History

Page: 211

View: 6606

Harno, Albert J. Legal Education in the U.S.: A Report Prepared for the Survey of the Legal Profession. San Francisco: Bancroft-Whitney Company, 1953. v, 211 pp. Reprint available August 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-441-X. Cloth. $70. * This concise yet detailed survey offers an excellent introduction to the history of American legal education from the colonial era to the 1950s. Its evolutionary perspective derives from one telling insight: "A social consciousness of the significance of law to a people is an attribute of a ripening civilization" (18). In succeeding chapters, Harno examines "Our English Heritage," "The Formative Period of American Legal Education," "Early American Law Schools and the Laissez Faire Period," "The Case Method," "Impact of Professional Organizations, Criticisms of Modern Legal Education," and "Legal Education-A Present Appraisement."

Philosophical Interventions

Reviews 1986-2011

Author: Martha C. Nussbaum

Publisher: Oxford University Press

ISBN: 0199912688

Category: Philosophy

Page: 440

View: 419

This volume collects the notable published book reviews of Martha C. Nussbaum, an acclaimed philosopher who is also a professor of law and a public intellectual. Her academic work focuses on questions of moral and political philosophy and on the nature of the emotions. But over the past 25 years she has also written many book reviews for a general public, in periodicals such as The New Republic and The New York Review of Books. Dating from 1986 to the present, these essays engage, constructively and also critically, with authors like Roger Scruton, Allan Bloom, Charles Taylor, Judith Butler, Richard Posner, Catharine MacKinnon, Susan Moller Okin, and other prominent intellectuals of our time. Throughout, her views defy ideological predictability, heralding valuable work from little-known sources, deftly criticizing where criticism is due, and generally providing a compelling picture of how philosophy in the Socratic tradition can engage with broad social concerns. For this volume, Nussbaum provides an intriguing introduction that explains her selection and provides her view of the role of the public philosopher.

African Americans in the Nineteenth Century: People and Perspectives

People and Perspectives

Author: Dixie Ray Haggard

Publisher: ABC-CLIO

ISBN: 1598841246

Category: Social Science

Page: 258

View: 2005

A revealing volume that portrays the lives of African Americans in all its variety across the entire 19th century—combining coverage of the pre- and post-Civil War eras. • Primary sources illustrate the experience of the African American social cohorts discussed in each chapter • A chronology of historic economic, military, political, and social events impacting African American communities and societies during the 19th century is included

Children in Colonial America

Author: James Marten

Publisher: NYU Press

ISBN: 0814757154

Category: History

Page: 253

View: 3042

With the recent explosion of high-profile court cases and staggering jury awards, America's justice system has moved to the forefront of our nation's consciousness. Yet while the average citizen is bombarded with information about a few sensational cases--such as the multi-million dollar damages awarded a woman who burned herself with McDonald's coffee-- most Americans are unaware of the truly dramatic transformation our courts and judicial system have undergone over the past three decades, and of the need to reform the system to adapt to that transformation. In Reforming the Civil Justice System, Larry Kramer has compiled a work that charts these revolutionary changes and offers solutions to the problems they present. Organized into three parts, the book investigates such topics as settlement incentives and joint tortfeasors, substance and form in the treatment of scientific evidence after Daubert v. Merrell Dow, and guiding jurors in valuing pain and suffering damages. Reforming the Civil Justice System offers feasible solutions that can realistically be adopted as our civil justice system continues to be refined and improved.

Law and Authority in Early Massachusetts

A Study in Tradition and Design

Author: George Lee Haskins

Publisher: University Press of America

ISBN: 9780819143730

Category: History

Page: 298

View: 2183

Originally published by the Macmillan Company in 1960, this book is intended as an introduction to the history of Massachusetts law in the colonial period, 1630o1650. This volume first traces the evolution of the colony's institutions and instruments of government and, second, describes in broad outline certain aspects of the substantive law that developed in these first two decades."

Understanding Disability

Inclusion, Access, Diversity, and Civil Rights

Author: Paul T. Jaeger,Cynthia Ann Bowman

Publisher: Greenwood Publishing Group

ISBN: 9780275982263

Category: History

Page: 165

View: 1031

Although 54 million Americans have a disability, few discussions of the issue address its various compenents in a holistic manner. The authors, both of whom have experienced disability, tackle complex issues facing the disabled, including access, diversity, and civil rights, in a human-centered manner.

The Oxford Handbook of Witchcraft in Early Modern Europe and Colonial America

Author: Brian P. Levack

Publisher: OUP Oxford

ISBN: 0191648841

Category: History

Page: 646

View: 7367

The essays in this Handbook, written by leading scholars working in the rapidly developing field of witchcraft studies, explore the historical literature regarding witch beliefs and witch trials in Europe and colonial America between the early fifteenth and early eighteenth centuries. During these years witches were thought to be evil people who used magical power to inflict physical harm or misfortune on their neighbours. Witches were also believed to have made pacts with the devil and sometimes to have worshipped him at nocturnal assemblies known as sabbaths. These beliefs provided the basis for defining witchcraft as a secular and ecclesiastical crime and prosecuting tens of thousands of women and men for this offence. The trials resulted in as many as fifty thousand executions. These essays study the rise and fall of witchcraft prosecutions in the various kingdoms and territories of Europe and in English, Spanish, and Portuguese colonies in the Americas. They also relate these prosecutions to the Catholic and Protestant reformations, the introduction of new forms of criminal procedure, medical and scientific thought, the process of state-building, profound social and economic change, early modern patterns of gender relations, and the wave of demonic possessions that occurred in Europe at the same time. The essays survey the current state of knowledge in the field, explore the academic controversies that have arisen regarding witch beliefs and witch trials, propose new ways of studying the subject, and identify areas for future research.