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Author: Silvana R. Siddali
Publisher: LSU Press
ISBN: 9780807130421
Category : History
Languages : en
Pages : 322
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Book Description
Most historians accept the proposition that in the first two years of the Civil War the North's primary aim was to reestablish the Union and the Constitution, not to emancipate slaves. But when northerners began clamoring for the confiscation of southern land and slaves as a punitive, military, and revenue-raising tactic, the constitutional right to personal property, particularly human property, came into question. In From Property to Person, Silvana R. Siddali traces the resulting discourse among northern voters, politicians, military leaders, and President Lincoln, elucidating how emancipation ultimately became an essential political cause in the North. After the outbreak of civil war, many northern citizens demanded that slaves be seized as contraband without necessarily endorsing their emancipation. Siddali examines the public and political debates in the North over southerners' private property rights and explains how these deliberations set in motion the first major reconsideration of the Constitution since the Bill of Rights. Fundamental questions arose: Who had the right to control the war effort? What were the rights of rebellious citizens in a democratic Republic? How did one define human bondage that is implicitly protected in the nation's founding documents? Would the destruction of slavery irreparably damage the Constitution? Through the two Confiscation Acts of 1861 and 1862, the author argues, Americans worked out a conundrum between property rights and constitutionally protected civil liberties. The right of all human beings to freedom now trumped white southerners' right to human property. In a rich analysis of editorials, pamphlets, letters, and congressional speeches, From Property to Person reveals the swift transformation in rhetoric concerning the Constitution and its protection of private property rights. The Confiscation Acts paved the way for the Reconstruction Amendments by fostering support for a broader reach by the federal government into private property rights and envisioning a new interpretation of an individual citizen's rights and obligations.
Author: Silvana R. Siddali
Publisher: LSU Press
ISBN: 9780807130421
Category : History
Languages : en
Pages : 322
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Book Description
Most historians accept the proposition that in the first two years of the Civil War the North's primary aim was to reestablish the Union and the Constitution, not to emancipate slaves. But when northerners began clamoring for the confiscation of southern land and slaves as a punitive, military, and revenue-raising tactic, the constitutional right to personal property, particularly human property, came into question. In From Property to Person, Silvana R. Siddali traces the resulting discourse among northern voters, politicians, military leaders, and President Lincoln, elucidating how emancipation ultimately became an essential political cause in the North. After the outbreak of civil war, many northern citizens demanded that slaves be seized as contraband without necessarily endorsing their emancipation. Siddali examines the public and political debates in the North over southerners' private property rights and explains how these deliberations set in motion the first major reconsideration of the Constitution since the Bill of Rights. Fundamental questions arose: Who had the right to control the war effort? What were the rights of rebellious citizens in a democratic Republic? How did one define human bondage that is implicitly protected in the nation's founding documents? Would the destruction of slavery irreparably damage the Constitution? Through the two Confiscation Acts of 1861 and 1862, the author argues, Americans worked out a conundrum between property rights and constitutionally protected civil liberties. The right of all human beings to freedom now trumped white southerners' right to human property. In a rich analysis of editorials, pamphlets, letters, and congressional speeches, From Property to Person reveals the swift transformation in rhetoric concerning the Constitution and its protection of private property rights. The Confiscation Acts paved the way for the Reconstruction Amendments by fostering support for a broader reach by the federal government into private property rights and envisioning a new interpretation of an individual citizen's rights and obligations.
Author: Aaron Perzanowski
Publisher: MIT Press
ISBN: 0262535246
Category : Law
Languages : en
Pages : 262
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Book Description
An argument for retaining the notion of personal property in the products we “buy” in the digital marketplace. If you buy a book at the bookstore, you own it. You can take it home, scribble in the margins, put in on the shelf, lend it to a friend, sell it at a garage sale. But is the same thing true for the ebooks or other digital goods you buy? Retailers and copyright holders argue that you don't own those purchases, you merely license them. That means your ebook vendor can delete the book from your device without warning or explanation—as Amazon deleted Orwell's 1984 from the Kindles of surprised readers several years ago. These readers thought they owned their copies of 1984. Until, it turned out, they didn't. In The End of Ownership, Aaron Perzanowski and Jason Schultz explore how notions of ownership have shifted in the digital marketplace, and make an argument for the benefits of personal property. Of course, ebooks, cloud storage, streaming, and other digital goods offer users convenience and flexibility. But, Perzanowski and Schultz warn, consumers should be aware of the tradeoffs involving user constraints, permanence, and privacy. The rights of private property are clear, but few people manage to read their end user agreements. Perzanowski and Schultz argue that introducing aspects of private property and ownership into the digital marketplace would offer both legal and economic benefits. But, most important, it would affirm our sense of self-direction and autonomy. If we own our purchases, we are free to make whatever lawful use of them we please. Technology need not constrain our freedom; it can also empower us.
Author: Mary Randolph
Publisher: NOLO
ISBN: 9781413310924
Category : Business & Economics
Languages : en
Pages : 121
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Book Description
Transfer California property to someone else with the easy-to-use legal forms and information in this guide Deeds for California Real Estate shows you how to choose the right kind of deed, create it, then file it with the county recorder. This plain-English book has all the forms you'll need, with step-by-step instructions for completing them quickly and accurately. Learn how to: add or remove someone's name from the title of real estate you own transfer real estate into, or out of, a revocable living trust borrow or lend money with real estate as security and more
Author: Luke Rostill
Publisher: Oxford University Press
ISBN: 0192581058
Category : Law
Languages : en
Pages : 194
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Book Description
This monograph is concerned with two foundational principles of English property law: the principle of relativity of title and the principle that possession is a source of title. It is impossible to understand the relationship between possession and ownership in English law unless one has a sound understanding of these principles. Yet the principles have been interpreted in different ways by judges, practitioners, and academics. The volume seeks to illuminate this area of law by addressing four questions. What is possession? What is the nature of the title acquired through possession? What are the grounds of relativity of title? And, what is the relationship between relativity of title and ownership? Drawing on the analysis of the law concerning relativity of title and the acquisition of proprietary interests through possession, the author also implies that the architecture of land law and the law of personal property have many similarities.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Corinne J. Naden
Publisher: Marshall Cavendish
ISBN: 9780761418412
Category : Juvenile Nonfiction
Languages : en
Pages : 136
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Book Description
Examines the far-reaching political and social implications of the Dred Scott court decision in 1857.
Author: Denis Clifford
Publisher: Nolo
ISBN: 1413328407
Category : Business & Economics
Languages : en
Pages : 313
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Book Description
A do-it-yourself manual for making your own living trust, with checklists, step-by-step procedures, worksheets, and forms.
Author: Jean Allain
Publisher: OUP Oxford
ISBN: 0191645354
Category : Law
Languages : en
Pages : 416
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Book Description
"Slavery is the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised." So reads the legal definition of slavery agreed by the League of Nations in 1926. Further enshrined in law during international negotiations in 1956 and 1998, this definition has been interpreted in different ways by the international courts in the intervening years. What can be considered slavery? Should forced labour be considered slavery? Debt-bondage? Child soldiering? Or forced marriage? This book explores the limits of how slavery is understood in law. It shows how the definition of slavery in law and the contemporary understanding of slavery has continually evolved and continues to be contentious. It traces the evolution of concepts of slavery, from Roman law through the Middle Ages, the 18th and 19th centuries, up to the modern day manifestations, including manifestations of forced labour and trafficking in persons, and considers how the 1926 definition can distinguish slavery from lesser servitudes. Together the contributors have put together a set of guidelines intended to clarify the law where slavery is concerned. The Bellagio-Harvard Guidelines on the Legal Parameters of Slavery, reproduced here for the first time, takes their shared understanding of both the past and present to project a consistent interpretation of the legal definition of slavery for the future.
Author: Gary L. Francione
Publisher: Columbia University Press
ISBN: 0231511566
Category : Nature
Languages : en
Pages : 254
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Book Description
A prominent and respected philosopher of animal rights law and ethical theory, Gary L. Francione is known for his criticism of animal welfare laws and regulations, his abolitionist theory of animal rights, and his promotion of veganism and nonviolence as the baseline principles of the abolitionist movement. In this collection, Francione advances the most radical theory of animal rights to date. Unlike Peter Singer, Francione maintains that we cannot morally justify using animals under any circumstances, and unlike Tom Regan, Francione's theory applies to all sentient beings, not only to those who have more sophisticated cognitive abilities.
Author: Mary Ruefle
Publisher: Wave Books
ISBN: 195026825X
Category : Literary Collections
Languages : en
Pages : 75
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Book Description
Author of Madness, Rack, and Honey ("One of the wisest books I've read in years," according to the New York Times) and Trances of the Blast, Mary Ruefle continues to be one of the most dazzling poets in America. My Private Property, comprised of short prose pieces, is a brilliant and charming display of her humor, deep imagination, mindfulness, and play in a finely crafted edition. Personalia When I was young, a fortune-teller told me that an old woman who wanted to die had accidentally become lodged in my body. Slowly, over time, and taking great care in following esoteric instructions, including lavender baths and the ritual burial of keys in the backyard, I rid myself of her presence. Now I am an old woman who wants to die and lodged inside me is a young woman dying to live; I work on her. Mary Ruefle is the author of Trances of the Blast; Madness, Rack, and Honey: Collected Lectures, a finalist for the 2013 National Book Critics Circle Award in criticism; and Selected Poems, winner of the William Carlos Williams Award. She has published ten other books of poetry, a book of prose (The Most of It), and a comic book, Go Home and Go to Bed!; she is also an erasure artist whose treatments of nineteenth-century texts have been exhibited in museums and galleries as well as published in the book A Little White Shadow. Ruefle is the recipient of numerous honors, including an Award in Literature from the American Academy of Arts and Letters, a Guggenheim fellowship, a National Endowment for the Arts fellowship, and a Whiting Award. She lives in Bennington, Vermont and teaches in the MFA program at Vermont College.
