The Genesis of Nineteenth-Century Civil Codes in the United States

The Genesis of Nineteenth-Century Civil Codes in the United States
Author: Julie Rocheton
Publisher: BRILL
Total Pages: 290
Release: 2024-03-04
Genre: Law
ISBN: 9004689974

Starting in Louisiana in the early nineteenth century, this book takes the reader on a journey through the USA and the development of their civil codes. From Georgia and New York, civil codes traveled to California and Dakota Territory; in the Great Plains, they made their way to Montana, North Dakota, and South Dakota by the end of the century. Unveiling the history of nineteenth-century civil codes in the USA, this book examines their origin stories, circulation, and usage by focusing on the social-historical context of their drafting and legal concepts. “Rocheton's work, published four decades after Cook's book on ‘The American Codification Movement,’ contains an exhaustive and insightful analysis of nineteenth-century civil codes. It thoroughly discusses their context, how they were conceived, discussed, drafted and approved, their main foreign influences and content, and their practical operation." - Aniceto Masferrer, University of Valencia “While there is a vast corpus of literature on codification and, more specifically, civil codes in the civil law tradition, it is much less known that six US states codified their private laws during the 19th century. This book tells the fascinating story. Spoiler alert: it’s a family affair.” - Stefan Vogenauer, Max Planck Institute for Legal History and Legal Theory

Roman and Civil Law and the Development of Anglo-American Jurisprudence in the Nineteenth Century

Roman and Civil Law and the Development of Anglo-American Jurisprudence in the Nineteenth Century
Author: Michael H. Hoeflich
Publisher: University of Georgia Press
Total Pages: 221
Release: 1997
Genre: Law
ISBN: 0820318396

Seeking to fill a gap in our knowledge of the legal history of the nineteenth century, this volume studies the influence of Roman and civil law upon the development of common law jurisdictions in the United States and in Great Britain. M. H. Hoeflich examines the writings of a variety of prominent Anglo-American legal theorists to show how Roman and civil law helped common law thinkers develop their own theories. Intellectual leaders in law in the United States and Great Britain used Roman and civil law in different ways at different times. The views of these lawyers were greatly respected even by nonlawyers, and most of them wrote to influence a wider public. By filling in the gaps in the history of jurisprudence, this volume also provides greater understanding of the development of Anglo-American culture and society.

The People’s Welfare

The People’s Welfare
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.

Equity in the Civil Law Tradition

Equity in the Civil Law Tradition
Author: Renato Beneduzi
Publisher: Springer Nature
Total Pages: 180
Release: 2021-07-01
Genre: Law
ISBN: 3030780678

This is a book on “equity in the civil law tradition” from the double perspective of legal history and comparative law. It is intended not only for civil lawyers who want to better understand the role and history of equity in their own legal tradition, but also – and perhaps more saliently – for common lawyers who are curious about why the history of equity has unfolded so differently on the continent of Europe and in Latin America. The author begins with the investigation of the philosophical foundations of the Western notion of equity in the teachings of Plato and Aristotle and of how their ideas affected the works of the great Attic orators (chapter 2). He then addresses the way in which Roman law turned this notion into a legal concept of considerable practical importance (chapter 3) and how it survived the fall of Rome and was later elaborated in the Middle Ages by civilists and canonists (chapter 4). Subsequently, the author analyses how the notion of equity was dealt with in the Modern Era by legal humanists, Protestant and Catholic theologians, scholars of the usus modernus pandectarum and of Roman-Dutch law, and then by legal rationalism and the philosophers of the Enlightenment (chapter 5). He then deals with the history of equity on the continent since the fragmentation of the ius commune and the codifications of the nineteenth century and with its reception in Latin America (chapter 6). Finally, the author offers some closing remarks on the fundamental equivocalness (or relativity, as some scholars put it) of the notion of equity in the civil law tradition today (conclusion).

Law and the Borders of Belonging in the Long Nineteenth Century United States

Law and the Borders of Belonging in the Long Nineteenth Century United States
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.

Politics of Codification

Politics of Codification
Author: Brian J. Young
Publisher: McGill-Queen's Press - MQUP
Total Pages: 304
Release: 1994
Genre: History
ISBN: 9780773512351

In this study of a pivotal event in the evolution of Quebec's legal culture, Brian Young shows that codification of the Civil law was an intensely political act as well as a legal phenomenon.

Law's History

Law's History
Author: David M. Rabban
Publisher: Cambridge University Press
Total Pages: 585
Release: 2013
Genre: History
ISBN: 0521761913

This is a study of the central role of history in late-nineteenth century American legal thought. In the decades following the Civil War, the founding generation of professional legal scholars in the United States drew from the evolutionary social thought that pervaded Western intellectual life on both sides of the Atlantic. Their historical analysis of law as an inductive science rejected deductive theories and supported moderate legal reform, conclusions that challenge conventional accounts of legal formalism Unprecedented in its coverage and its innovative conclusions about major American legal thinkers from the Civil War to the present, the book combines transatlantic intellectual history, legal history, the history of legal thought, historiography, jurisprudence, constitutional theory, and the history of higher education.

In Her Own Name

In Her Own Name
Author: Sara Chatfield
Publisher: Columbia University Press
Total Pages: 152
Release: 2023-05-30
Genre: History
ISBN: 0231553234

Co-Winner, 2024 V.O. Key Award, Southern Political Science Association Long before American women had the right to vote, states dramatically transformed their status as economic citizens. In the early nineteenth century, a married woman had hardly any legal existence apart from her husband. By the twentieth, state-level statutes, constitutional provisions, and court rulings had granted married women a host of protections relating to ownership and control of property. Why did powerful men extend these rights during a period when women had so little political sway? In Her Own Name explores the origins and consequences of laws guaranteeing married women’s property rights, focusing on the people and institutions that shaped them. Sara Chatfield demonstrates that the motives of male elites included personal interests, benefits to the larger economy, and bolstering state power. She shows that married women’s property rights could serve varied political goals across regions and eras, from temperance to debt relief to settlement of the West. State legislatures, constitutional conventions, and courts expanded these rights incrementally, and laws spread across the country without national-level coordination. Chatfield emphasizes that the reform of married women’s economic rights rested on exclusionary foundations, including protecting slavery and encouraging settler colonialism. Although some women benefited from property reforms, many others saw their rights stripped away by the same processes. Drawing on a mix of qualitative and quantitative evidence, In Her Own Name sheds new light on the place of women in the fitful democratization of the United States.

A Companion to 19th-Century America

A Companion to 19th-Century America
Author: William Barney
Publisher: John Wiley & Sons
Total Pages: 432
Release: 2008-04-15
Genre: History
ISBN: 0470998466

A Companion to 19th-Century America is an authoritative overview of current historiographical developments and major themes in the history of nineteenth-century America. Twenty-seven scholars, all specialists in their own thematic areas, examine the key debates and historiography. A thematic and chronological organization brings together the major time periods, politics, the Civil War, economy, and social and cultural history of the nineteenth century. Written with the general reader in mind, each essay surveys the historical research, the emerging concerns, and assesses the future direction of scholarship. Complete coverage of all the major themes and current debates in nineteenth-century US history assessing the state of the scholarship and future concerns. 24 original essays by leading experts in nineteenth-century American history complete with up-to-date bibliographies. Chronological and thematic organization covers both traditional and contemporary fields of research - politics, periods, economy, class formation, ethnicity, gender roles, regions, culture and ideas.