Author: Jenny Bourne (Professor of Economics)
Publisher: Cambridge University Press
ISBN: 9780521521383
Category : History
Languages : en
Pages : 302
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Book Description
Were slaves property or human beings under the law? In crafting answers to this question, Southern judges designed efficient laws that protected property rights and helped slavery remain economically viable. But, by preserving property rights, they sheltered the persons embodied by that property - the slaves themselves. Slave law therefore had unintended consequences: it generated rules that judges could apply to free persons, precedents that became the foundation for laws designed to protect ordinary Americans. The Bondsman's Burden, first published in 1998, provides a rigorous and compelling economic analysis of the common law of Southern slavery, inspecting thousands of legal disputes heard in Southern antebellum courts, disputes involving servants, employees, accident victims, animals, and other chattel property, as well as slaves. The common law, although it supported the institution of slavery, did not favor every individual slave owner who brought a grievance to court.
Author: Rebecca E. Zietlow
Publisher: Cambridge University Press
ISBN: 1107095271
Category : Biography & Autobiography
Languages : en
Pages : 217
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Book Description
Zietlow explores the ideological origins of Reconstruction and the constitutional changes in this era through the life of James Mitchell Ashley.
Author: William Pegram Gilmour
Publisher:
ISBN:
Category :
Languages : en
Pages : 208
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Book Description
Author: Susan Burch
Publisher: University of Illinois Press
ISBN: 025209669X
Category : Social Science
Languages : en
Pages : 417
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Book Description
The field of disability history continues to evolve rapidly. In this collection, Susan Burch and Michael Rembis present essays that integrate critical analysis of gender, race, historical context, and other factors to enrich and challenge the traditional modes of interpretation still dominating the field. Contributors delve into four critical areas of study within disability history: family, community, and daily life; cultural histories; the relationship between disabled people and the medical field; and issues of citizenship, belonging, and normalcy. As the first collection of its kind in over a decade, Disability Histories not only brings readers up to date on scholarship within the field but fosters the process of moving it beyond the U.S. and Western Europe by offering work on Africa, South America, and Asia. The result is a broad range of readings that open new vistas for investigation and study while encouraging scholars at all levels to redraw the boundaries that delineate who and what is considered of historical value. Informed and accessible, Disability Histories is essential for classrooms engaged in all facets of disability studies within and across disciplines.
Author: John B. Boles
Publisher: John Wiley & Sons
ISBN: 1405138300
Category : History
Languages : en
Pages : 536
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Book Description
A Companion to the American South surveys and evaluates the most important and innovative writing on the entire sweep of the history of the southern United States. Contains 29 original essays by leading experts in American Southern history. Covers the entire sweep of Southern history, including slavery, politics, the Civil War, race relations, religion, and women's history. Surveys and evaluates the best scholarship on every important era and topic. Summarizes current debates and anticipates future concerns.
Author: Julie Novkov
Publisher: University Press of Kansas
ISBN: 0700629238
Category : Social Science
Languages : en
Pages : 304
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Book Description
Glance at a political party’s platform, catch a politician’s speech, sample the news, and you will find the family—not as a mere group of people living together in the private sphere, but as a contentious entity at the center of political disputes and policy debates over everything from marriage equality and gender identity to immigration and welfare reform. The key role of the family in politics and public policy, so often relegated to the outer margins of political science and theory, comes in for long overdue consideration in this volume. Bringing together political scientists and legal scholars of wide-ranging interests and perspectives, Stating the Family explores the role of the family in American political development: as a focus of political struggle, a place where policy happens, a means of distributing governmental goods, and a way of relating individuals to the state and to each other in legal terms. While the authors gathered here examine important policy questions that relate to the family—including immigration, welfare, citizenship, partisanship, and ideology—they pay particular attention to changes in family structures and responsibilities in light of the rise of neoliberalism. Illustrated with case studies—some contemporary, some historical—their essays provide individual takes on different links between family and politics, creating a nuanced conversation on this complex topic. The result is a multifaceted view of the family’s place in the development of American political institutions and a unique understanding of the work that family does to structure politics—and that politics does to structure families.
Author: Michael Vorenberg
Publisher: Cambridge University Press
ISBN: 1139428004
Category : History
Languages : en
Pages : 325
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Book Description
This book examines emancipation after the Emancipation Proclamation of 1863. Focusing on the making and meaning of the Thirteenth Amendment, Final Freedom looks at the struggle among legal thinkers, politicians, and ordinary Americans in the North and the border states to find a way to abolish slavery that would overcome the inadequacies of the Emancipation Proclamation. The book tells the dramatic story of the creation of a constitutional amendment and reveals an unprecedented transformation in American race relations, politics, and constitutional thought. Using a wide array of archival and published sources, Professor Vorenberg argues that the crucial consideration of emancipation occurred after, not before, the Emancipation Proclamation; that the debate over final freedom was shaped by a level of volatility in party politics underestimated by prior historians; and that the abolition of slavery by constitutional amendment represented a novel method of reform that transformed attitudes toward the Constitution.
Author: Jenny Bourne Wahl
Publisher: Taylor & Francis
ISBN: 9780815330875
Category : Law
Languages : en
Pages : 372
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Book Description
First published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.
Author: Kunal M. Parker
Publisher: Cambridge University Press
ISBN: 1009335243
Category : History
Languages : en
Pages : 339
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Book Description
In The Turn to Process, Kunal M. Parker explores the massive reorientation of American legal, political, and economic thinking between 1870 and 1970. Over this period, American conceptions of law, democracy, and markets went from being oriented around truths, ends, and foundations to being oriented around methods, processes, and techniques. No longer viewed as founded in justice and morality, law became a way of doing things centered around legal procedure. Shedding its foundations in the 'people,' democracy became a technique of governance consisting of an endless process of interacting groups. Liberating themselves from the truths of labor, markets and market actors became intellectual and political techniques without necessary grounding in the reality of human behavior. Contrasting nineteenth and twentieth century legal, political, and economic thought, this book situates this transformation in the philosophical crisis of modernism and the rise of the administrative state.
Author: Andrew T. Fede
Publisher: University of Georgia Press
ISBN: 0820367117
Category : Law
Languages : en
Pages : 383
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Book Description
A Degraded Caste of Society traces the origins of twenty-first-century cases of interracial violence to the separate and unequal protection principles of the criminal law of enslavement in the southern United States. Andrew T. Fede explains how antebellum appellate court opinions and statutes, when read in a context that includes newspaper articles and trial court and census records, extended this doctrine to the South’s free Black people, consigning them to what South Carolina justice John Belton O’Neall called “a degraded caste of society,” in which they were “in no respect, on a perfect equality with the white man.” This written law either criminalized Black insolence or privileged private white interracial violence, which became a badge of slavery that continued to influence the law in action, contrary to the Constitution’s mandate of equal protection of the criminal law. The U.S. Supreme Court enabled this denial of equal justice, as did Congress, which did not make all private white racially motivated violence a crime until 2009, when it adopted the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act. Fede’s analysis supports that law’s constitutionality under the Thirteenth Amendment, while suggesting why—during the Jim Crow era and beyond—equal protection of the criminal law was not always realized, and why the curse of interracial violence has been a lingering badge of slavery.
