Hurst Law And The Conditions Of Freedom In The Nineteenth Century United States
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Author | : James Willard Hurst |
Publisher | : Univ of Wisconsin Press |
Total Pages | : 156 |
Release | : 1956 |
Genre | : History |
ISBN | : 9780299013639 |
In these essays J. Willard Hurst shows the correlation between the conception of individual freedom and the application of law in the nineteenth-century United States--how individuals sought to use law to increase both their personal freedom and their opportunities for personal growth. These essays in jurisprudence and legal history are also a contribution to the study of social and intellectual history in the United States, to political science, and to economics as it concerns the role of public policy in our economy. The nonlawyer will find in them demonstration of how "technicalities" express deep issues of social values.
Author | : James Willard Hurst |
Publisher | : |
Total Pages | : 139 |
Release | : 1904 |
Genre | : Law |
ISBN | : |
Author | : William J. Novak |
Publisher | : Univ of North Carolina Press |
Total Pages | : 409 |
Release | : 2000-11-09 |
Genre | : History |
ISBN | : 0807863653 |
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.
Author | : Christopher Tomlins |
Publisher | : Cambridge University Press |
Total Pages | : 641 |
Release | : 2010-08-31 |
Genre | : History |
ISBN | : 1139490931 |
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.
Author | : James Willard Hurst |
Publisher | : |
Total Pages | : 1000 |
Release | : 1984 |
Genre | : Business & Economics |
ISBN | : |
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 | : James Willard Hurst |
Publisher | : The Lawbook Exchange, Ltd. |
Total Pages | : 516 |
Release | : 2007 |
Genre | : History |
ISBN | : 1584777168 |
Author | : Robert W. Gordon |
Publisher | : Cambridge University Press |
Total Pages | : 439 |
Release | : 2017-06-09 |
Genre | : History |
ISBN | : 1107193230 |
A critical catalogue of how lawyers use history - as authority, as evocation of lost golden ages, as a nightmare to escape and as progress towards enlightenment.
Author | : Christopher L. Tomlins |
Publisher | : UNC Press Books |
Total Pages | : 479 |
Release | : 2012-12-01 |
Genre | : History |
ISBN | : 0807839086 |
This 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 | : Caroline Sheridan Norton |
Publisher | : |
Total Pages | : 192 |
Release | : 1854 |
Genre | : Divorce |
ISBN | : |
Essay on the legal status of women in British law and her own personal experience with leaving her husband in 1836 and the legal aftermath. Pages 18-21 discuss legal cases involving enslaved persons in British colonies and the United States.