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Author: James Willard Hurst
Publisher: Univ of Wisconsin Press
ISBN: 9780299013639
Category : History
Languages : en
Pages : 156
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Book Description
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: Univ of Wisconsin Press
ISBN: 9780299013639
Category : History
Languages : en
Pages : 156
Get Book
Book Description
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:
ISBN:
Category : Law
Languages : en
Pages : 139
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Book Description
Author: William J. Novak
Publisher: Univ of North Carolina Press
ISBN: 0807863653
Category : History
Languages : en
Pages : 409
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Book Description
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: Donald G. Nieman
Publisher:
ISBN: 9780820314037
Category : Law
Languages : en
Pages : 197
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Book Description
The eight essays collected in The Constitution, Law, and American Life imaginatively explore the interrelationship between law and society in nineteenth-century America and encompass in their discussion some of the major historical issues of the era. Featuring contributions by leading scholars in the field, the volume reflects the freshness and diversity of contemporary legal history. In a wide-ranging essay examining the social, cultural, intellectual, and moral underpinnings of nineteenth-century law, Michael Les Benedict recreates the world view that informed Victorian legal culture and offers a bold reinterpretation of the legal order of the period. Two essays focus on the relationship between slavery and the law. Phillip Shaw Paludan provides a compelling challenge to conventional wisdom about the framers of the Constitution and their attitudes toward slavery, while Paul Finkelman's treatment of the South Bend fugitive slave rescue of 1849 offers a case study of the unbearable pressures that slavery placed on the legal process. Revealing the creative uses of law by white women and African Americans, Norma Basch and Donald G. Nieman show that constitutional principles afforded both groups the means to challenge oppression. These principles, they argue, played a pivotal role in movements that had their genesis in the nineteenth century and have transformed American life in our own time--the women's rights movement and the black struggle for freedom. Two essays focus on the law and social deviance. David T. Courtwright examines the social and legal forces that shaped the legal response to drug addiction. John S. Hughes shows how commitment law afforded ordinary families in pre-Civil War Alabama a means to cope with domestic problems, including spouse abuse, incest, and alcoholism. Exploring the relation between law and urbanization, Harold L. Platt demonstrates that, contrary to received wisdom, reformers of the Gilded Age made creative use of law to cope with the problems created by runaway urban growth and economic development. The individual essays collected in The Constitution, Law, and American Life are fascinating and provocative; taken together, they make a significant contribution to constitutional-legal history of the nineteenth century.
Author: Meg Jacobs
Publisher: Princeton University Press
ISBN: 1400825822
Category : History
Languages : en
Pages : 464
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Book Description
In a series of fascinating essays that explore topics in American politics from the nation's founding to the present day , The Democratic Experiment opens up exciting new avenues for historical research while offering bold claims about the tensions that have animated American public life. Revealing the fierce struggles that have taken place over the role of the federal government and the character of representative democracy, the authors trace the contested and dynamic evolution of the national polity. The contributors, who represent the leading new voices in the revitalized field of American political history, offer original interpretations of the nation's political past by blending methodological insights from the new institutionalism in the social sciences and studies of political culture. They tackle topics as wide-ranging as the role of personal character of political elites in the Early Republic, to the importance of courts in building a modern regulatory state, to the centrality of local political institutions in the late twentieth century. Placing these essays side by side encourages the asking of new questions about the forces that have shaped American politics over time. An unparalleled example of the new political history in action, this book will be vastly influential in the field. In addition to the editors, the contributors are Brian Balogh, Sven Beckert, Rebecca Edwards, Joanne B. Freeman, Richard R. John, Ira Katznelson, James T. Kloppenberg, Matthew D. Lassiter, Thomas J. Sugrue, Michael Vorenberg, and Michael Willrich.
Author: Barbara Young Welke
Publisher: Cambridge University Press
ISBN: 9780521152259
Category : History
Languages : en
Pages : 0
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Book Description
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: Kellie Carter Jackson
Publisher: University of Pennsylvania Press
ISBN: 0812224701
Category : History
Languages : en
Pages : 224
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Book Description
From its origins in the 1750s, the white-led American abolitionist movement adhered to principles of "moral suasion" and nonviolent resistance as both religious tenet and political strategy. But by the 1850s, the population of enslaved Americans had increased exponentially, and such legislative efforts as the Fugitive Slave Act and the Supreme Court's 1857 ruling in the Dred Scott case effectively voided any rights black Americans held as enslaved or free people. As conditions deteriorated for African Americans, black abolitionist leaders embraced violence as the only means of shocking Northerners out of their apathy and instigating an antislavery war. In Force and Freedom, Kellie Carter Jackson provides the first historical analysis exclusively focused on the tactical use of violence among antebellum black activists. Through rousing public speeches, the bourgeoning black press, and the formation of militia groups, black abolitionist leaders mobilized their communities, compelled national action, and drew international attention. Drawing on the precedent and pathos of the American and Haitian Revolutions, African American abolitionists used violence as a political language and a means of provoking social change. Through tactical violence, argues Carter Jackson, black abolitionist leaders accomplished what white nonviolent abolitionists could not: creating the conditions that necessitated the Civil War. Force and Freedom takes readers beyond the honorable politics of moral suasion and the romanticism of the Underground Railroad and into an exploration of the agonizing decisions, strategies, and actions of the black abolitionists who, though lacking an official political voice, were nevertheless responsible for instigating monumental social and political change.
Author: Christopher Tomlins
Publisher: Cambridge University Press
ISBN: 1139490931
Category : History
Languages : en
Pages : 641
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Book Description
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: Aziz Rana
Publisher: Harvard University Press
ISBN: 0674266552
Category : History
Languages : en
Pages : 428
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Book Description
The Two Faces of American Freedom boldly reinterprets the American political tradition from the colonial period to modern times, placing issues of race relations, immigration, and presidentialism in the context of shifting notions of empire and citizenship. Today, while the U.S. enjoys tremendous military and economic power, citizens are increasingly insulated from everyday decision-making. This was not always the case. America, Aziz Rana argues, began as a settler society grounded in an ideal of freedom as the exercise of continuous self-rule—one that joined direct political participation with economic independence. However, this vision of freedom was politically bound to the subordination of marginalized groups, especially slaves, Native Americans, and women. These practices of liberty and exclusion were not separate currents, but rather two sides of the same coin. However, at crucial moments, social movements sought to imagine freedom without either subordination or empire. By the mid-twentieth century, these efforts failed, resulting in the rise of hierarchical state and corporate institutions. This new framework presented national and economic security as society’s guiding commitments and nurtured a continual extension of America’s global reach. Rana envisions a democratic society that revives settler ideals, but combines them with meaningful inclusion for those currently at the margins of American life.
Author: David M. Rabban
Publisher: Cambridge University Press
ISBN: 9780521655378
Category : History
Languages : en
Pages : 426
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Book Description
Most American historians and legal scholars incorrectly assume that controversies and litigation about free speech began abruptly during World War I. However, there was substantial debate about free speech issues between the Civil War and World War I. Important free speech controversies, often involving the activities of sex reformers and labor unions, preceded the Espionage Act of 1917. Scores of legal cases presented free speech issues to Justices Holmes and Brandeis. A significant organization, the Free Speech League, became a principled defender of free expression two decades before the establishment of the ACLU in 1920. World War I produced a major transformation in American liberalism. Progressives who had viewed constitutional rights as barriers to needed social reforms came to appreciate the value of political dissent during its wartime repression. They subsequently misrepresented the prewar judicial hostility to free speech claims and obscured prior libertarian defenses of free speech based on commitments to individual autonomy.
