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Author: Simon Middleton
Publisher: University of Pennsylvania Press
ISBN: 081220722X
Category : History
Languages : en
Pages : 515
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Book Description
From Privileges to Rights connects the changing fortunes of tradesmen in early New York to the emergence of a conception of subjective rights that accompanied the transition to a republican and liberal order in eighteenth-century America. Tradesmen in New Amsterdam occupied a distinct social position and, with varying levels of success, secured privileges such as a reasonable reward and the exclusion of strangers from their commerce. The struggle to maintain these privileges figured in the transition to English rule as well as Leisler's Rebellion. Using hitherto unexamined records from the New York City Mayor's Court, Simon Middleton also demonstrates that, rather than merely mastering skilled crafts in workshops, artisans participated in whatever enterprises and markets promised profits with a minimum of risk. Bakers, butchers, and carpenters competed in a bustling urban economy knit together by credit that connected their fortunes to the Atlantic trade. In the early eighteenth century, political and legal changes diminished earlier social distinctions and the grounds for privileges, while an increasing reliance on slave labor stigmatized menial toil. When an economic and a constitutional crisis prompted the importation of radical English republican ideas, artisans were recast artisans as virtuous male property owners whose consent was essential for legitimate government. In this way, an artisanal subject emerged that provided a constituency for the development of a populist and egalitarian republican political culture in New York City.
Author: Simon Middleton
Publisher: University of Pennsylvania Press
ISBN: 081220722X
Category : History
Languages : en
Pages : 515
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Book Description
From Privileges to Rights connects the changing fortunes of tradesmen in early New York to the emergence of a conception of subjective rights that accompanied the transition to a republican and liberal order in eighteenth-century America. Tradesmen in New Amsterdam occupied a distinct social position and, with varying levels of success, secured privileges such as a reasonable reward and the exclusion of strangers from their commerce. The struggle to maintain these privileges figured in the transition to English rule as well as Leisler's Rebellion. Using hitherto unexamined records from the New York City Mayor's Court, Simon Middleton also demonstrates that, rather than merely mastering skilled crafts in workshops, artisans participated in whatever enterprises and markets promised profits with a minimum of risk. Bakers, butchers, and carpenters competed in a bustling urban economy knit together by credit that connected their fortunes to the Atlantic trade. In the early eighteenth century, political and legal changes diminished earlier social distinctions and the grounds for privileges, while an increasing reliance on slave labor stigmatized menial toil. When an economic and a constitutional crisis prompted the importation of radical English republican ideas, artisans were recast artisans as virtuous male property owners whose consent was essential for legitimate government. In this way, an artisanal subject emerged that provided a constituency for the development of a populist and egalitarian republican political culture in New York City.
Author: Christopher Green
Publisher: Routledge
ISBN: 1317539397
Category : Law
Languages : en
Pages : 272
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Book Description
The Privileges or Immunities Clause of the Fourteenth Amendment is arguably the most historically important clause of the most significant part of the US Constitution. Designed to be a central guarantor of civil rights and civil liberties following Reconstruction, this clause could have been at the center of most of the country's constitutional controversies, not only during Reconstruction, but in the modern period as well; yet for a variety of historical reasons, including precedent-setting narrow interpretations, the Privileges or Immunities Clause has been cast aside by the Supreme Court. This book investigates the Clause in a textualist-originalist manner, an approach increasingly popular among both academics and judges, to examine the meanings actually expressed by the text in its original context. Arguing for a revival of the Privileges or Immunities Clause, author Christopher Green lays the groundwork for assessing the originalist credentials of such areas of law as school segregation, state action, sex discrimination, incorporation of the Bill of Rights against states, the relationship between tradition and policy analysis in assessing fundamental rights, and the Fourteenth Amendment rights of corporations and aliens. Thoroughly argued and historically well-researched, this book demonstrates that the Privileges or Immunities Clause protects liberty and equality, and it will be of interest to legal academics, American legal historians, and anyone interested in American constitutional history.
Author: Robert De Fremery
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 144
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Book Description
Author: Naomi Zack
Publisher: Rowman & Littlefield
ISBN: 1442250569
Category : Philosophy
Languages : en
Pages : 155
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Book Description
Examining racial profiling in American policing, Naomi Zack argues against white privilege discourse while introducing a new theory of applicative justice. Zack draws clear lines between rights and privileges and between justice and existing laws to make sense of the current crisis. This urgent and immediate analysis of the killings of unarmed black men by police officers shows how racial profiling matches statistics of the prison population with disregard for the constitutional rights of the many innocent people of all races. Moving the discussion from white privilege discourse to the rights of blacks, from ideas of white supremacy to legally protected police impunity, and from ideal and non-ideal justice theory to existing injustice, White Privilege and Black Rights examines the legal structure that has permitted the killings of Trayvon Martin, Michael Brown, Eric Garner, Tamir Rice, and others. Deepening understanding without abandoning hope, Zack shows why it is more important to consider black rights than white privilege as we move forward through today's culture of inequality.
Author: Matthew Clair
Publisher: Princeton University Press
ISBN: 069123387X
Category : Social Science
Languages : en
Pages : 320
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Book Description
How the attorney-client relationship favors the privileged in criminal court—and denies justice to the poor and to working-class people of color The number of Americans arrested, brought to court, and incarcerated has skyrocketed in recent decades. Criminal defendants come from all races and economic walks of life, but they experience punishment in vastly different ways. Privilege and Punishment examines how racial and class inequalities are embedded in the attorney-client relationship, providing a devastating portrait of inequality and injustice within and beyond the criminal courts. Matthew Clair conducted extensive fieldwork in the Boston court system, attending criminal hearings and interviewing defendants, lawyers, judges, police officers, and probation officers. In this eye-opening book, he uncovers how privilege and inequality play out in criminal court interactions. When disadvantaged defendants try to learn their legal rights and advocate for themselves, lawyers and judges often silence, coerce, and punish them. Privileged defendants, who are more likely to trust their defense attorneys, delegate authority to their lawyers, defer to judges, and are rewarded for their compliance. Clair shows how attempts to exercise legal rights often backfire on the poor and on working-class people of color, and how effective legal representation alone is no guarantee of justice. Superbly written and powerfully argued, Privilege and Punishment draws needed attention to the injustices that are perpetuated by the attorney-client relationship in today’s criminal courts, and describes the reforms needed to correct them.
Author: John W. Hessler
Publisher:
ISBN: 9781929154531
Category : America
Languages : en
Pages : 173
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Book Description
"An interpretive examination of the legal documents that granted Columbus rights in and to the New World, with a facsimile of the original copy of the Book of Privileges that is housed in the Library of Congress"--Provided by publisher.
Author: Ronan Deazley
Publisher: Open Book Publishers
ISBN: 190692418X
Category : Law
Languages : en
Pages : 438
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Book Description
What can and can't be copied is a matter of law, but also of aesthetics, culture, and economics. The act of copying, and the creation and transaction of rights relating to it, evokes fundamental notions of communication and censorship, of authorship and ownership - of privilege and property. This volume conceives a new history of copyright law that has its roots in a wide range of norms and practices. The essays reach back to the very material world of craftsmanship and mechanical inventions of Renaissance Italy where, in 1469, the German master printer Johannes of Speyer obtained a five-year exclusive privilege to print in Venice and its dominions. Along the intellectual journey that follows, we encounter John Milton who, in his 1644 Areopagitica speech 'For the Liberty of Unlicensed Printing', accuses the English parliament of having been deceived by the 'fraud of some old patentees and monopolizers in the trade of bookselling' (i.e. the London Stationers' Company). Later revisionary essays investigate the regulation of the printing press in the North American colonies as a provincial and somewhat crude version of European precedents, and how, in the revolutionary France of 1789, the subtle balance that the royal decrees had established between the interests of the author, the bookseller, and the public, was shattered by the abolition of the privilege system. Contributions also address the specific evolution of rights associated with the visual and performing arts. These essays provide essential reading for anybody interested in copyright, intellectual history and current public policy choices in intellectual property. The volume is a companion to the digital archive Primary Sources on Copyright (1450-1900), funded by the UK Arts and Humanities Research Council (AHRC): www.copyrighthistory.org.
Author: Linda Faye Williams
Publisher: Penn State Press
ISBN: 9780271046723
Category : Political Science
Languages : en
Pages : 444
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Book Description
The winner of the 2004 W.E.B. DuBois Book Award, NCOBPS and the2004 Michael Harrington Award "for an outstanding book that demonstrates how scholarship can be used in the struggle for a better world."
Author: Timothy Sandefur
Publisher: Encounter Books
ISBN: 1594038406
Category : Political Science
Languages : en
Pages : 206
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Book Description
Throughout history, kings and emperors have promised “freedoms” to their people. Yet these freedoms were really only permissions handed down from on high. The American Revolution inaugurated a new vision: people have basic rights to life, liberty, and the pursuit of happiness, and government must ask permission from them. Sadly, today’s increasingly bureaucratic society is beginning to turn back the clock and to transform America into a nation where our freedoms—the right to speak freely, to earn a living, to own a gun, to use private property, even the right to take medicine to save one’s own life—are again treated as privileges the government may grant or withhold at will. Timothy Sandefur examines the history of the distinction between rights and privileges that played such an important role in the American experiment, and how we can fight to retain our freedoms against the growing power of government. Illustrated with dozens of real-life examples—including many cases he litigated himself—Sandefur shows how treating freedoms as government-created privileges undermines our Constitution and betrays the basic principles of human dignity.
Author: Bettina Bergo
Publisher: Penn State Press
ISBN: 0271066547
Category : Social Science
Languages : en
Pages : 266
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Book Description
Who is white, and why should we care? There was a time when the immigrants of New York City’s Lower East Side—the Irish, the Poles, the Italians, the Russian Jews—were not white, but now “they” are. There was a time when the French-speaking working classes of Quebec were told to “speak white,” that is, to speak English. Whiteness is an allegorical category before it is demographic. This volume gathers together some of the most influential scholars of privilege and marginalization in philosophy, sociology, economics, psychology, literature, and history to examine the idea of whiteness. Drawing from their diverse racial backgrounds and national origins, these scholars weave their theoretical insights into essays critically informed by personal narrative. This approach, known as “braided narrative,” animates the work of award-winning author Eula Biss. Moved by Biss’s fresh and incisive analysis, the editors have assembled some of the most creative voices in this dialogue, coming together across the disciplines. Along with the editors, the contributors are Eduardo Bonilla-Silva, Nyla R. Branscombe, Drucilla Cornell, Lewis R. Gordon, Paget Henry, Ernest-Marie Mbonda, Peggy McIntosh, Mark McMorris, Marilyn Nissim-Sabat, Victor Ray, Lilia Moritz Schwarcz, Louise Seamster, Tracie L. Stewart, George Yancy, and Heidi A. Zetzer.
