The Shaping Of Nineteenth Century Law
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| Author | : David M. Gold |
| Publisher | : Praeger |
| Total Pages | : 258 |
| Release | : 1990-06-27 |
| Genre | : History |
| ISBN | : |
John Appleton was a prominent American lawyer who practiced in and around Bangor, Maine, beginning in the early 1820s and earned a national reputation as Chief Justice of Maine's supreme court. Through a study of Appleton's life and thought, Gold shows how the commitment to individual liberty and personal responsibility helped shape nineteenth-century American law. By tracing Appleton's life and law practice, the book addresses an aspect of early American culture that has received little attention--the nature of American individualism as embodied in the law. The book contributes to American legal historiography in other ways. It is one of just a handful of serious studies of state judges. It adds to the current revisionist interpretation of laissez-faire constitutionalism. Finally, it sheds light on some little studied areas of legal history, in particular the history of the law of evidence. Recently some historians have recognized that law in the nineteenth century incorporated broadly held social values or world-views, and a few have written on the relationship between law and individualism. Gold contends these scholars have associated American individualism with self-reliance in the nineteenth century and nonconformity in the twentieth. Gold shows there is another side to individualism with self-reliance in the nineteenth century and nonconformity in the twentieth. Americans lived in society, therefore, their relations with one another had to be ordered. While they believed in freedom of action, they also believed that individuals had to be responsible for the effects of their actions on others. The book is ideal reading for all students of American legal history in particular and American history in general.
| Author | : William E. Forbath |
| Publisher | : Harvard University Press |
| Total Pages | : 231 |
| Release | : 2009-07-01 |
| Genre | : Law |
| ISBN | : 0674037081 |
Why did American workers, unlike their European counterparts, fail to forge a class-based movement to pursue broad social reform? Was it simply that they lacked class consciousness and were more interested in personal mobility? In a richly detailed survey of labor law and labor history, William Forbath challenges this notion of American “individualism.” In fact, he argues, the nineteenth-century American labor movement was much like Europe’s labor movements in its social and political outlook, but in the decades around the turn of the century, the prevailing attitude of American trade unionists changed. Forbath shows that, over time, struggles with the courts and the legal order were crucial to reshaping labor’s outlook, driving the labor movement to temper its radical goals.
| 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 | : Jon Gjerde |
| Publisher | : Cambridge University Press |
| Total Pages | : 293 |
| Release | : 2012 |
| Genre | : History |
| ISBN | : 1107010241 |
Offers a series of fresh perspectives on America's encounter with Catholicism in the nineteenth-century. While religious and immigration historians have construed this history in univocal terms, Jon Gjerde bridges sectarian divides by presenting Protestants and Catholics in conversation with each other. In so doing, Gjerde reveals the ways in which America's encounter with Catholicism was much more than a story about American nativism. Nineteenth-century religious debates raised questions about the fundamental underpinnings of the American state and society: the shape of the antebellum market economy, gender roles in the American family, and the place of slavery were only a few of the issues engaged by Protestants and Catholics in a lively and enduring dialectic. While the question of the place of Catholics in America was left unresolved, the very debates surrounding this question generated multiple conceptions of American pluralism and American national identity.
| Author | : Isabella Alexander |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 344 |
| Release | : 2010-03-03 |
| Genre | : Law |
| ISBN | : 184731564X |
Copyright law is commonly described as carrying out a balancing act between the interests of authors or owners and those of the public. While much academic work, both historical and contemporary, has been done on the authorship side of the equation, this book examines the notion of public interest, and the way that concepts of public interest and the rhetoric surrounding it have been involved in shaping the law of copyright. While many histories of copyright focus on the eighteenth century, this book's main concern is with the period after 1774. The nineteenth century was the period during which the boundaries of copyright, as we know it today, were drawn and ideas of “public interest” were integral to this process, but in different, and complex, ways. The book engages with this complexity by moving beyond debates about the appropriate duration of copyright, and considers the development of other important features of copyright law, such as the requirement of legal deposit, the principle that some works will not be subject to copyright protection on the grounds of public interest, and the law of infringement. While the focus of the book is on literary copyright, it also traces the expansion of copyright to cover new subject matters, such as music, dramatic works and lectures. The book concludes by examining the making of the 1911 Imperial Copyright Act – the statute upon which the law of copyright in Britain, and in all former British colonies, is based. The history traced in this book has considerable relevance to debates over the scope of copyright law in the present day; it emphasises the contingency and complexity of copyright law's development and current shape, as well as encouraging a critical approach to the justifications for copyright law.
| Author | : Peter W. Bardaglio |
| Publisher | : Univ of North Carolina Press |
| Total Pages | : 378 |
| Release | : 2000-11-09 |
| Genre | : History |
| ISBN | : 0807860212 |
In Reconstructing the Household, Peter Bardaglio examines the connections between race, gender, sexuality, and the law in the nineteenth-century South. He focuses on miscegenation, rape, incest, child custody, and adoption laws to show how southerners struggled with the conflicts and stresses that surfaced within their own households and in the larger society during the Civil War era. Based on literary as well as legal sources, Bardaglio's analysis reveals how legal contests involving African Americans, women, children, and the poor led to a rethinking of families, sexuality, and the social order. Before the Civil War, a distinctive variation of republicanism, based primarily on hierarchy and dependence, characterized southern domestic relations. This organic ideal of the household and its power structure differed significantly from domestic law in the North, which tended to emphasize individual rights and contractual obligations. The defeat of the Confederacy, emancipation, and economic change transformed family law and the governance of sexuality in the South and allowed an unprecedented intrusion of the state into private life. But Bardaglio argues that despite these profound social changes, a preoccupation with traditional notions of gender and race continued to shape southern legal attitudes.
| 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 | : Richard F. Hamm |
| Publisher | : Univ of North Carolina Press |
| Total Pages | : 356 |
| Release | : 1995 |
| Genre | : History |
| ISBN | : 9780807844939 |
Richard Hamm examines prohibitionists' struggle for reform from the late nineteenth century to their great victory in securing passage of the Eighteenth Amendment. Because the prohibition movement was a quintessential reform effort, Hamm uses it as a case
| Author | : Amalia D. Kessler |
| Publisher | : Yale University Press |
| Total Pages | : 462 |
| Release | : 2017-01-01 |
| Genre | : History |
| ISBN | : 0300198078 |
Cover -- Half-title -- Title -- Copyright -- Acknowledgments -- Introduction -- Chapter 1. The "Natural Elevation" of Equity: Quasi-Inquisitorial Procedure and the Early Nineteenth-Century Resurgence of Equity -- Chapter 2. A Troubled Inheritance: The English Procedural Tradition and Its Lawyer- Driven Reconfiguration in Early Nineteenth-Century New York -- Chapter 3. The Non-Revolutionary Field Code: Democratization, Docket Pressures, and Codification -- Chapter 4. Cultural Foundations of American Adversarialism: Civic Republicanism and the Decline of Equity's Quasi-Inquisitorial Tradition -- Chapter 5. Market Freedom and Adversarial Adjudication: The Nineteenth-Century American Debates over (European) Conciliation Courts and the Problem of Procedural Ordering -- Chapter 6. The Freedmen's Bureau Exception: The Triumph of Due (Adversarial) Process and the Dawn of Jim Crow -- Conclusion. The Question of American Exceptionalism and the Lessons of History -- Appendix. An Overview of the Archives -- Notes -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- Q -- R -- S -- T -- U -- V -- W -- Y -- Z
| Author | : Yvonne Pitts |
| Publisher | : Cambridge University Press |
| Total Pages | : 219 |
| Release | : 2013-05-20 |
| Genre | : History |
| ISBN | : 1107035503 |
Yvonne Pitts explores nineteenth-century inheritance practices by focusing on testamentary capacity trials in Kentucky in which disinherited family members challenged relatives' wills, claiming the testator lacked the capacity required to write a valid will. By anchoring the study in the history of local communities and the texts of elite jurists, Pitts demonstrates that "capacity" was a term laden with legal meaning and competing communal values.
