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 | : Andrew L. Kaufman |
Publisher | : |
Total Pages | : 3 |
Release | : 1960 |
Genre | : |
ISBN | : |
Author | : James Willard Hurst |
Publisher | : |
Total Pages | : 139 |
Release | : 1967 |
Genre | : |
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 | : Barbara Young Welke |
Publisher | : Cambridge University Press |
Total Pages | : 0 |
Release | : 2010-03-08 |
Genre | : History |
ISBN | : 9780521152259 |
For more than a generation, historians and legal scholars have documented inequalities at the heart of American law and daily life and exposed inconsistencies in the generic category of "American citizenship." Welke draws on that wealth of historical, legal, and theoretical scholarship to offer a new paradigm of liberal selfhood and citizenship from the founding of the United States through the 1920s. Law and the Borders of Belonging questions understanding this period through a progressive narrative of expanding rights, revealing that it was characterized instead by a sustained commitment to borders of belonging of liberal selfhood, citizenship, and nation in which able white men's privilege depended on the subject status of disabled persons, racialized others, and women. Welke's conclusions pose challenging questions about the modern liberal democratic state that extend well beyond the temporal and geographic boundaries of the long nineteenth century United States.
Author | : Michael McGee Jr |
Publisher | : |
Total Pages | : 143 |
Release | : 2018 |
Genre | : |
ISBN | : |
This dissertation is a cultural investigation of the meaning of freedom in America from Emancipation to the early twentieth century. Since 1776, a liberal discourse of rights has framed what freedom means in the national consciousness. Defined as an inalienable right legitimated by an infallible authority, freedom was made the basis upon which subjectivity is recognized, governments are formed, appeals are made, and revolutions retain the allure of transformative possibility. However, this idea of freedom obscures the ways in which problems with legitimacy, authority, and the sociopolitical construction of subjecthood all impact the meaning of being free in America. These problems are most apparent concerning the nation’s racial politics. The lives of black Americans have exposed the aporia between the ideal of freedom and the reality of racialized existence. The dissonance between the freedom praised as America's most valued ideal and the experience black Americans lived allows for a way of reading the coming of freedom as problem—as a collection of discrepancies, contradictions, and scenes for the violation and subjection of black people. In this project, I read emancipation and the passing of the Reconstruction Amendments as narrative and performative events. By doing so, the freedoms extended to black Americans post-Civil War are neither bestowed by law or the radical ideals of Lincoln as emancipator or the Republican Congress, nor do black Americans initiate their own meaning of freedom of their own accord. In this moment of transition, the meaning of freedom was determined by both those in political power and those whose practices sought to negotiate the conditions in which they lived. However, as the meaning of freedom was shaped in this moment, it would be insufficient to address the problems of racial logic that restricted what freedom could mean for not only black Americans but the national body at large. This project is an attempt to trouble what we know about freedom as it regards emancipation, abolition, citizenship, and enfranchisement. It is a project that criticizes the narrative of victory around freedom in this moment and considers the ways in which the freedom celebrated in a national historical consciousness has been the very source of the problem in determining what it means to be free in America.
Author | : Barbara Jeanne Fields |
Publisher | : Yale University Press |
Total Pages | : 288 |
Release | : 1987-01-01 |
Genre | : History |
ISBN | : 9780300040326 |
Examines the history of slavery in Maryland and discusses the conditions of life of Maryland's slaves and free Blacks.
Author | : John Codman Hurd |
Publisher | : The Lawbook Exchange, Ltd. |
Total Pages | : 1518 |
Release | : 2006 |
Genre | : Slavery |
ISBN | : 1584775246 |
According to the Dictionary of American Biography, this treatise "on the most exciting topic of the age has never been excelled" due to its "thorough research, exhaustive discussion and impartial treatment" (VI:423). It begins with an early history of bondage and its construction in natural and positive law, then traces the effect of international law on freedom and bondage. Turning to the United States, he outlines the evolution of slavery under English law and the United States Constitution. One of the book's most striking features is its neutral tone. Though written on the eve of the American Civil War, it remains loyal to the tenets of legal positivism and avoids any overt ethical or political judgments. Hurd [1816-1892], a scholar of independent means, studied for a year at Yale Law School and spent two years in a law office before he was admitted to the New York bar. An expert of civil liberties, he is the author of A Treatise on the Right of Personal Liberty (1858), which is available as a Lawbook Exchange reprint.