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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 Here
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: 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: James Willard Hurst
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 139
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Book Description
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.
Author: Morton J. HORWITZ
Publisher: Harvard University Press
ISBN: 0674038789
Category : Law
Languages : en
Pages : 378
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Book Description
In a remarkable book based on prodigious research, Morton J. Horwitz offers a sweeping overview of the emergence of a national (and modern) legal system from English and colonial antecedents. He treats the evolution of the common law as intellectual history and also demonstrates how the shifting views of private law became a dynamic element in the economic growth of the United States. Horwitz's subtle and sophisticated explanation of societal change begins with the common law, which was intended to provide justice for all. The great breakpoint came after 1790 when the law was slowly transformed to favor economic growth and development. The courts spurred economic competition instead of circumscribing it. This new instrumental law flourished as the legal profession and the mercantile elite forged a mutually beneficial alliance to gain wealth and power. The evolving law of the early republic interacted with political philosophy, Horwitz shows. The doctrine of laissez-faire, long considered the cloak for competition, is here seen as a shield for the newly rich. By the 1840s the overarching reach of the doctrine prevented further distribution of wealth and protected entrenched classes by disallowing the courts very much power to intervene in economic life. This searching interpretation, which connects law and the courts to the real world, will engage historians in a new debate. For to view the law as an engine of vast economic transformation is to challenge in a stunning way previous interpretations of the eras of revolution and reform.
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: Mary M. Cronin
Publisher: SIU Press
ISBN: 0809334720
Category : History
Languages : en
Pages : 311
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Book Description
"This collection of eleven essays examines nineteenth-century legal and extralegal attempts to restrict freedom of speech and the press as well as the efforts of others to push back against those restrictions"--
Author: Deborah A. Rosen
Publisher: Harvard University Press
ISBN: 0674967615
Category : History
Languages : en
Pages : 329
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Book Description
The First Seminole War shaped how the United States demarcated its spatial and legal boundaries. Rooted in exceptionalism, manifest destiny, and racism, the legal framework that emerged from Andrew Jackson’s invasion of Florida laid the groundwork for the Monroe Doctrine, the Dred Scott decision, and westward expansion, as Deborah Rosen shows.
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: Jasmine Nichole Cobb
Publisher: NYU Press
ISBN: 1479817228
Category : Biography & Autobiography
Languages : en
Pages : 291
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Book Description
"Picture Freedom provides a unique and nuanced interpretation of nineteenth-century African American life and culture. Focusing on visuality, print culture, and an examination of the parlor, Cobb has fashioned a book like none other, convincingly demonstrating how whites and blacks reimagined racial identity and belonging in the early republic."--Erica Armstrong Dunbar, author of A Fragile Freedom: African American Women and Emancipation in the Antebellum City
