Alexander Hamilton And The Development Of American Law
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Author | : Kate Elizabeth Brown |
Publisher | : University Press of Kansas |
Total Pages | : 320 |
Release | : 2017-08-25 |
Genre | : History |
ISBN | : 0700624805 |
Alexander Hamilton is commonly seen as the standard-bearer of an ideology-turned-political party, the Federalists, engaged in a struggle for the soul of the young United States against the Anti-Federalists, and later, the Jeffersonian Republicans. Alexander Hamilton and the Development of American Law counters such conventional wisdom with a new, more nuanced view of Hamilton as a true federalist, rather than a one-dimensional nationalist, whose most important influence on the American founding is his legal legacy. In this analytical biography, Kate Elizabeth Brown recasts our understanding of Hamilton's political career, his policy achievements, and his significant role in the American founding by considering him first and foremost as a preeminent lawyer who applied law and legal arguments to accomplish his statecraft. In particular, Brown shows how Hamilton used inherited English legal principles to accomplish his policy goals, and how state and federal jurists adapted these Hamiltonian principles into a distinct, republican jurisprudence throughout the nineteenth century. When writing his authoritative commentary on the nature of federal constitutional power in The Federalist, Hamilton juxtaposed the British constitution with the new American one he helped to create; when proposing commercial, monetary, banking, administrative, or foreign policy in Washington's cabinet, he used legal arguments to justify his desired course of action. In short, lawyering, legal innovation, and common law permeated Alexander Hamilton's professional career. Re-examining Hamilton's post-war accomplishments through the lens of law, Brown demonstrates that Hamilton's much-studied political career, as well as his contributions to republican political science, cannot be fully understood without recognizing and investigating how Hamilton used Anglo-American legal principles to achieve these ends. A critical re-evaluation of Hamilton's legacy, as well as his place in the founding era, Brown’s work also enhances and refines our understanding of the nature and history of American jurisprudence.
Author | : Alexander Hamilton |
Publisher | : Read Books Ltd |
Total Pages | : 420 |
Release | : 2018-08-20 |
Genre | : History |
ISBN | : 1528785878 |
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Author | : United States. Department of the Treasury |
Publisher | : |
Total Pages | : 100 |
Release | : 1892 |
Genre | : Manufactures |
ISBN | : |
Author | : Michael P. Federici |
Publisher | : JHU Press |
Total Pages | : 373 |
Release | : 2012-07-09 |
Genre | : Political Science |
ISBN | : 1421406608 |
America’s first treasury secretary and one of the three authors of the Federalist Papers, Alexander Hamilton stands as one of the nation’s important early statesmen. Michael P. Federici places this Founding Father among the country’s original political philosophers as well. Hamilton remains something of an enigma. Conservatives and liberals both claim him, and in his writings one can find material to support the positions of either camp. Taking a balanced and objective approach, Federici sorts through the written and historical record to reveal Hamilton’s philosophy as the synthetic product of a well-read and pragmatic figure whose intellectual genealogy drew on Classical thinkers such as Cicero and Plutarch, Christian theologians, and Enlightenment philosophers, including Hume and Montesquieu. In evaluating the thought of this republican and would-be empire builder, Federici explains that the apparent contradictions found in the Federalist Papers and other examples of Hamilton’s writings reflect both his practical engagement with debates over the French Revolution, capital expansion, commercialism, and other large issues of his time, and his search for a balance between central authority and federalism in the embryonic American government. This book challenges the view of Hamilton as a monarchist and shows him instead to be a strong advocate of American constitutionalism. Devoted to the whole of Hamilton’s political writing, this accessible and teachable analysis makes clear the enormous influence Hamilton had on the development of American political and economic institutions and policies.
Author | : Alexander Hamilton |
Publisher | : Columbia University Press |
Total Pages | : 710 |
Release | : 1964 |
Genre | : Biography & Autobiography |
ISBN | : 9780231089302 |
Although deconstruction has become a popular catchword, as an intellectual movement it has never entirely caught on within the university. For some in the academy, deconstruction, and Jacques Derrida in particular, are responsible for the demise of accountability in the study of literature. Countering these facile dismissals of Derrida and deconstruction, Herman Rapaport explores the incoherence that has plagued critical theory since the 1960s and the resulting legitimacy crisis in the humanities. Against the backdrop of a rich, informed discussion of Derrida's writings -- and how they have been misconstrued by critics and admirers alike -- The Theory Mess investigates the vicissitudes of Anglo-American criticism over the past thirty years and proposes some possibilities for reform.
Author | : Morton J. HORWITZ |
Publisher | : Harvard University Press |
Total Pages | : 378 |
Release | : 2009-06-30 |
Genre | : Law |
ISBN | : 0674038789 |
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.
Author | : Forrest McDonald |
Publisher | : |
Total Pages | : 384 |
Release | : 1985 |
Genre | : History |
ISBN | : |
'A witty and energetic study of the ideas and passions of the Framers.' - New York Times Book Review'An important, comprehensive statement about the most fundamental period in American history. It deals authoritatively with topics no student of American can afford to ignore.' - Harvey Mansfield, author of the Spirit of Liberalism
Author | : Daniel J. Hulsebosch |
Publisher | : Univ of North Carolina Press |
Total Pages | : 505 |
Release | : 2006-05-18 |
Genre | : Law |
ISBN | : 0807876879 |
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.
Author | : Denis James Galligan |
Publisher | : Oxford University Press, USA |
Total Pages | : 456 |
Release | : 2014 |
Genre | : Law |
ISBN | : 019871498X |
Focusing on major political and legal theorists whose work on constitutional theory had a significant impact, this book unearths an untold story of the development of constitutional thought in the context of the broader political environment.
Author | : John D. Bessler |
Publisher | : |
Total Pages | : 0 |
Release | : 2014 |
Genre | : Capital punishment |
ISBN | : 9781611636048 |
The Birth of American Law: An Italian Philosopher and the American Revolution tells the forgotten, untold story of the origins of U.S. law. Before the Revolutionary War, a 26-year-old Italian thinker, Cesare Beccaria, published On Crimes and Punishments, a runaway bestseller that shaped the Declaration of Independence, the U.S. Constitution, and early American laws. America's Founding Fathers, including early U.S. Presidents, avidly read Beccaria's book--a product of the Italian Enlightenment that argued against tyranny and the death penalty. Beccaria's book shaped American views on everything from free speech to republicanism, to "Life, Liberty and the pursuit of Happiness," to gun ownership and the founders' understanding of "cruel and unusual punishments," the famous phrase in the U.S. Constitution's Eighth Amendment. In opposing torture and infamy, Beccaria inspired America's founders to jettison England's Bloody Code, heavily reliant on executions and corporal punishments, and to adopt the penitentiary system. The cast of characters in The Birth of American Law includes the usual suspects--George Washington, Thomas Jefferson, John Adams and James Madison. But it also includes the now little-remembered Count Luigi Castiglioni, a botanist from Milan who--decades before Alexis de Tocqueville's Democracy in America--toured all thirteen original American states before the 1787 Constitutional Convention in Philadelphia. Also figuring in this dramatic story of the American Revolution: Madison's Princeton classmate William Bradford, an early U.S. Attorney General and Beccaria devotee; John Dickinson, the "Penman of the Revolution" who wrote of Beccaria's "genius" and "masterly hand"; James Wilson and Dr. Benjamin Rush, signers of the Declaration of Independence and fellow Beccaria admirers; and Philip Mazzei, Jefferson's Italian-American neighbor at Monticello and yet another Beccaria enthusiast. In documenting Beccaria's game-changing influence, The Birth of American Law sheds important new light on the Constitution, the Bill of Rights, and the creation of American law. This book is part of the Legal History Series, edited by H. Jefferson Powell, Duke University School of Law. The Birth of American Law was awarded the 2015 Scribes Book Award and the First Prize in the 2015 AAIS Book Award competition (in the 18th/19th century category). It was also named INDIEFAB's 2014 Gold Winner for History!