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Author: Julie Rocheton
Publisher: BRILL
ISBN: 9004689974
Category : Law
Languages : en
Pages : 290
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Book Description
Starting in Louisiana in the early nineteenth century, this book takes the reader on a journey through the USA and the development of their civil codes. From Georgia and New York, civil codes traveled to California and Dakota Territory; in the Great Plains, they made their way to Montana, North Dakota, and South Dakota by the end of the century. Unveiling the history of nineteenth-century civil codes in the USA, this book examines their origin stories, circulation, and usage by focusing on the social-historical context of their drafting and legal concepts. “Rocheton's work, published four decades after Cook's book on ‘The American Codification Movement,’ contains an exhaustive and insightful analysis of nineteenth-century civil codes. It thoroughly discusses their context, how they were conceived, discussed, drafted and approved, their main foreign influences and content, and their practical operation." - Aniceto Masferrer, University of Valencia “While there is a vast corpus of literature on codification and, more specifically, civil codes in the civil law tradition, it is much less known that six US states codified their private laws during the 19th century. This book tells the fascinating story. Spoiler alert: it’s a family affair.” - Stefan Vogenauer, Max Planck Institute for Legal History and Legal Theory
Author: Julie Rocheton
Publisher: BRILL
ISBN: 9004689974
Category : Law
Languages : en
Pages : 290
Get Book
Book Description
Starting in Louisiana in the early nineteenth century, this book takes the reader on a journey through the USA and the development of their civil codes. From Georgia and New York, civil codes traveled to California and Dakota Territory; in the Great Plains, they made their way to Montana, North Dakota, and South Dakota by the end of the century. Unveiling the history of nineteenth-century civil codes in the USA, this book examines their origin stories, circulation, and usage by focusing on the social-historical context of their drafting and legal concepts. “Rocheton's work, published four decades after Cook's book on ‘The American Codification Movement,’ contains an exhaustive and insightful analysis of nineteenth-century civil codes. It thoroughly discusses their context, how they were conceived, discussed, drafted and approved, their main foreign influences and content, and their practical operation." - Aniceto Masferrer, University of Valencia “While there is a vast corpus of literature on codification and, more specifically, civil codes in the civil law tradition, it is much less known that six US states codified their private laws during the 19th century. This book tells the fascinating story. Spoiler alert: it’s a family affair.” - Stefan Vogenauer, Max Planck Institute for Legal History and Legal Theory
Author: Michael H. Hoeflich
Publisher: University of Georgia Press
ISBN: 0820318396
Category : Law
Languages : en
Pages : 221
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Book Description
Seeking to fill a gap in our knowledge of the legal history of the nineteenth century, this volume studies the influence of Roman and civil law upon the development of common law jurisdictions in the United States and in Great Britain. M. H. Hoeflich examines the writings of a variety of prominent Anglo-American legal theorists to show how Roman and civil law helped common law thinkers develop their own theories. Intellectual leaders in law in the United States and Great Britain used Roman and civil law in different ways at different times. The views of these lawyers were greatly respected even by nonlawyers, and most of them wrote to influence a wider public. By filling in the gaps in the history of jurisprudence, this volume also provides greater understanding of the development of Anglo-American culture and society.
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: 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: 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: Maurice Eugen Lang
Publisher: The Lawbook Exchange, Ltd.
ISBN: 158477620X
Category : Law
Languages : en
Pages : 216
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Book Description
Lang analyzes efforts made in the United Kingdom and the United States to replace or modify the common law with codes since the origins of codification in the nineteenth century. Lang is especially interested in the tension between written codes, which are characteristic of continental law, and the common law, which is grounded in custom. Since its publication in 1924, this book has been cited often in articles dealing with codes and comparative law.
Author: Michael Grossberg
Publisher: Univ of North Carolina Press
ISBN: 080786336X
Category : Law
Languages : en
Pages : 433
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Book Description
Presenting a new framework for understanding the complex but vital relationship between legal history and the family, Michael Grossberg analyzes the formation of legal policies on such issues as common law marriage, adoption, and rights for illegitimate children. He shows how legal changes diminished male authority, increased women's and children's rights, and fixed more clearly the state's responsibilities in family affairs. Grossberg further illustrates why many basic principles of this distinctive and powerful new body of law--antiabortion and maternal biases in child custody--remained in effect well into the twentieth century.
Author: Sidney L. Harring
Publisher: Cambridge University Press
ISBN: 9780521467155
Category : History
Languages : en
Pages : 322
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Book Description
The first social history of American Indians' role in the making of American law sheds new light on Native American struggles for sovereignty and justice during the "century of dishonor," a time when their lands were lost and their tribes reduced to reservations.
Author: Nan Goodman
Publisher: Routledge
ISBN: 1317042964
Category : Literary Criticism
Languages : en
Pages : 522
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Book Description
Nineteenth-century America witnessed some of the most important and fruitful areas of intersection between the law and humanities, as people began to realize that the law, formerly confined to courts and lawyers, might also find expression in a variety of ostensibly non-legal areas such as painting, poetry, fiction, and sculpture. Bringing together leading researchers from law schools and humanities departments, this Companion touches on regulatory, statutory, and common law in nineteenth-century America and encompasses judges, lawyers, legislators, litigants, and the institutions they inhabited (courts, firms, prisons). It will serve as a reference for specific information on a variety of law- and humanities-related topics as well as a guide to understanding how the two disciplines developed in tandem in the long nineteenth century.
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.
