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Author: William Edward Nelson
Publisher:
ISBN: 0199937753
Category : Law
Languages : en
Pages : 236
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Book Description
Présentation de l'éditeur : "With the restoration of monarchy in 1660, English policy toward its North American empire began to assume some coherence. During Charles II's reign, various institutions of English government assumed an increasingly direct role in the administration of England's overseas territories. New York was conquered from the Dutch; Pennsylvania, Delaware, and New Jersey were carved out of it; and North and South Carolina were founded. Lawyers trained in England brought the common law to all these new colonies, quickly in most of them, but somewhat more slowly in New York. Although the legal systems of these post-1660 colonies developed in distinctive directions as a result of different demographic and economic conditions and the diversity of reasons for which they were founded, the presence of common law did place limits on the extent to which divergence could occur. Issues that are central to all chapters involve the reception of common law pleading, the enforcement of criminal and regulatory law, the functioning of juries, the regulation of religion, and the degree of centralization of power."
Author: William Edward Nelson
Publisher:
ISBN: 0199937753
Category : Law
Languages : en
Pages : 236
Get Book Here
Book Description
Présentation de l'éditeur : "With the restoration of monarchy in 1660, English policy toward its North American empire began to assume some coherence. During Charles II's reign, various institutions of English government assumed an increasingly direct role in the administration of England's overseas territories. New York was conquered from the Dutch; Pennsylvania, Delaware, and New Jersey were carved out of it; and North and South Carolina were founded. Lawyers trained in England brought the common law to all these new colonies, quickly in most of them, but somewhat more slowly in New York. Although the legal systems of these post-1660 colonies developed in distinctive directions as a result of different demographic and economic conditions and the diversity of reasons for which they were founded, the presence of common law did place limits on the extent to which divergence could occur. Issues that are central to all chapters involve the reception of common law pleading, the enforcement of criminal and regulatory law, the functioning of juries, the regulation of religion, and the degree of centralization of power."
Author: Bradley Chapin
Publisher: University of Georgia Press
ISBN: 0820336912
Category : Law
Languages : en
Pages : 224
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Book Description
This study analyzes the development of criminal law during the first several generations of American life. Its comparison of the substantive and procedural law among the colonies reveals the similarities and differences between the New England and the Chesapeake colonies. Bradley Chapin addresses the often-debated question of the “reception” of English law and makes estimates of the relative weight of the sources and methods of early American law. A main theme of his book is that colonial legislators and judges achieved a significant reform of the English criminal law at a time when a parallel movement in England failed. The analysis is made specific and concrete by statistics that show patterns of prosecutions and crime rates. In addition to the exciting and convincing theme of a “lost period” of great creativity in American criminal law, Chapin gives a wealth of detail on statutory and common-law rulings, noteworthy criminal cases, and judicial views of how the law was to be administered. He provides social and economic explanations of shifts and peculiarities in the law, using carefully arranged evidence from the records. His treatment of the Quaker cases in Massachusetts and the witchcraft prosecutions in New England throws new light on those frequently misunderstood episodes. Chapin's book will be of interest not only to scholars working in the field but also to anyone curious about early American legal history.
Author: William Eves
Publisher: Cambridge University Press
ISBN: 1108960448
Category : History
Languages : en
Pages : 349
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Book Description
Common Law, Civil Law, and Colonial Law builds upon the legal historian F.W. Maitland's famous observation that history involves comparison, and that those who ignore every system but their own 'hardly came in sight of the idea of legal history'. The extensive introduction addresses the intellectual challenges posed by comparative approaches to legal history. This is followed by twelve essays derived from papers delivered at the 24th British Legal History Conference. These essays explore patterns in legal norms, processes, and practice across an exceptionally broad chronological and geographical range. Carefully selected to provide a network of inter-connections, they contribute to our better understanding of legal history by combining depth of analysis with historical contextualization. This title is also available as Open Access on Cambridge Core.
Author: Elizabeth Gaspar Brown
Publisher: William s Hein & Company
ISBN: 9780899413211
Category : History
Languages : en
Pages : 377
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Book Description
In consultation with William Wirt Blume. Foreword by Allen F. Smith. "A study of the extent & content of use of such statutes." Bibliographic Reference: Miller & Schwartz, Recommended Publications for Legal Research. "B" Rated 1984 93
Author: William Edward Nelson
Publisher:
ISBN: 0190880805
Category : History
Languages : en
Pages : 289
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Book Description
In E Pluribus Unum, eminent legal historian William E. Nelson shows that the colonies' gradual embrace of the common law was instrumental to the establishment of the United States. He traces how the diverse legal orders of Britain's thirteen colonies gradually evolved into one system, adding to our understanding of how law impacted governance in the colonial era and beyond.
Author: William Edward Nelson
Publisher: Oxford University Press
ISBN: 0190850485
Category : Law
Languages : en
Pages : 225
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Book Description
William E. Nelson here proposes a new beginning in the study of colonial legal history. Examining all archival legal material for the period 1607-1776 and synthesizing existing scholarship in a four-volume series, The Common Law in Colonial America shows how the legal systems of Britain's thirteen North American colonies--initially established in response to divergent political, economic, and religious initiatives--slowly converged into a common American legal order that differed substantially from English common law.
Author: Mark Tushnet
Publisher: Princeton University Press
ISBN: 0691198152
Category : History
Languages : en
Pages : 273
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Book Description
In an examination of Southern slave law between 1810 and 1860, Mark Tushnet reveals a structured dichotomy between slave labor systems and bourgeois systems of production. Whereas the former rest on the total dominion of the master over the slave and necessitate a concern for the slave's humanity, the latter rest of the purchase by the capitalist of a worker's labor power only and are concerned primarily with economic interest. Focusing on a wide range of issues that include contract and accident law as well as criminal law and the law of manumission, he shows how Southern slave law had to respond to the competing pressures of humanity and interest. Beginning with a critical evaluation of slave law, the author develops the conceptual framework for his own perspective on the legal system, drawing on the works of Marx and Weber. He then examines four appellate court cases decided in three different states, from civil-law Louisiana to commonlaw North Carolina, at widely separated times, from 1818 to 1858. Professor Tushnet finds that the cases display a continuing but never wholly successful attempt at distinguish between law and sentiment as modes of regulating social interactions involving slaves. Also, the cases show that the primary method of accommodating law and sentiment was an attempt to use rigid categories to confine the law of slavery to what was thought its proper sphere. Mark Tushnet is Professor of Law at the University of Wisconsin. Originally published in 1981. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Author: Tim Stretton
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773590145
Category : Law
Languages : en
Pages : 347
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Book Description
Explaining the curious legal doctrine of "coverture," William Blackstone famously declared that "by marriage, husband and wife are one person at law." This "covering" of a wife's legal identity by her husband meant that the greatest subordination of women to men developed within marriage. In England and its colonies, generations of judges, legislators, and husbands invoked coverture to limit married women's rights and property, but there was no monolithic concept of coverture and their justifications shifted to fit changing times: Were husband and wife lord and subject? Master and servant? Guardian and ward? Or one person at law? The essays in Married Women and the Law offer new insights into the legal effects of marriage for women from medieval to modern times. Focusing on the years prior to the passage of the Divorce Acts and Married Women's Property Acts in the late nineteenth century, contributors examine a variety of jurisdictions in the common law world, from civil courts to ecclesiastical and criminal courts. By bringing together studies of several common law jurisdictions over a span of centuries, they show how similar legal rules persisted and developed in different environments. This volume reveals not only legal changes and the women who creatively used or subverted coverture, but also astonishing continuities. Accessibly written and coherently presented, Married Women and the Law is an important look at the persistence of one of the longest lived ideas in British legal history. Contributors include Sara M. Butler (Loyola), Marisha Caswell (Queen’s), Mary Beth Combs (Fordham), Angela Fernandez (Toronto), Margaret Hunt (Amherst), Kim Kippen (Toronto), Natasha Korda (Wesleyan), Lindsay Moore (Boston), Barbara J. Todd (Toronto), and Danaya C. Wright (Florida).
Author: William E. Nelson
Publisher: OUP USA
ISBN: 0199937753
Category : Law
Languages : en
Pages : 240
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Book Description
William E. Nelson's first volume of the four-volume The Common Law of Colonial America (2008) focused on how the legal systems of the Chesapeake colonies--Virginia and Maryland--contrasted with those of the New England colonies and traced these dissimilarities from the initial settlement of America until approximately 1660. In this new volume, Nelson brings the discussion forward, covering the years from 1660, which saw the Restoration of the British monarchy, to 1730. In particular, he analyzes the impact that an increasingly powerful British government had on the evolution of the common law in the New World. As the reach of the Crown extended, Britain imposed far more restrictions than before on the new colonies it had chartered in the Carolinas and the middle Atlantic region. The government's intent was to ensure that colonies' laws would align more tightly with British law. Nelson examines how the newfound coherence in British colonial policy led these new colonies to develop common law systems that corresponded more closely with one another, eliminating much of the variation that socio-economic differences had created in the earliest colonies. As this volume reveals, these trends in governance ultimately resulted in a tension between top-down pressures from Britain for a more uniform system of laws and bottom-up pressures from colonists to develop their own common law norms and preserve their own distinctive societies. Authoritative and deeply researched, the volumes in The Common Law of Colonial America will become the foundational resource for anyone interested the history of American law before the Revolution.
Author: Marylynn Salmon
Publisher: Chapel Hill : University of North Carolina Press
ISBN:
Category : Law
Languages : en
Pages : 296
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Book Description
Women and the Law of Property in Early America
