The Cambridge History of Law in America

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Author: Michael Grossberg,Christopher Tomlins

Publisher: Cambridge University Press

ISBN: 0521803063

Category: History

Page: 869

View: 2263

This volume covers American law in the nineteenth century and describes the development of modern legal systems.

The Cambridge History of the American Novel

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Author: Leonard Cassuto

Publisher: Cambridge University Press

ISBN: 1316184439

Category: Literary Criticism

Page: N.A

View: 6770

This ambitious literary history traces the American novel from its emergence in the late eighteenth century to its diverse incarnations in the multi-ethnic, multi-media culture of the present day. In a set of original essays by renowned scholars from all over the world, the volume extends important critical debates and frames new ones. Offering new views of American classics, it also breaks new ground to show the role of popular genres - such as science fiction and mystery novels - in the creation of the literary tradition. One of the original features of this book is the dialogue between the essays, highlighting cross-currents between authors and their works as well as across historical periods. While offering a narrative of the development of the genre, the History reflects the multiple methodologies that have informed readings of the American novel and will change the way scholars and readers think about American literary history.

Essays in the History of Canadian Law

Quebec and the Canadas

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Author: George Blaine Baker,Donald Fyson

Publisher: University of Toronto Press

ISBN: 1442670061

Category: History

Page: 608

View: 7678

The essays in this volume deal with the legal history of the Province of Quebec, Upper and Lower Canada, and the Province of Canada between the British conquest of 1759 and confederation of the British North America colonies in 1867. The backbone of the modern Canadian provinces of Ontario and Quebec, this geographic area was unified politically for more than half of the period under consideration. As such, four of the papers are set in the geographic cradle of modern Quebec, four treat nineteenth-century Ontario, and the remaining four deal with the St. Lawrence and Great Lakes watershed as a whole. The authors come from disciplines as diverse as history, socio-legal studies, women’s studies, and law. The majority make substantial use of second-language sources in their essays, which shade into intellectual history, social and family history, regulatory history, and political history.

The Cambridge History of American Literature:

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Author: Sacvan Bercovitch

Publisher: Cambridge University Press

ISBN: 9780521585712

Category: Literary Criticism

Page: 846

View: 6603

The Cambridge History of American Literature addresses the spectrum of new and established directions in American writing. An interdisciplinary distillation of American literary history, it weds the voice of traditional criticism with the diversity of interests that characterize contemporary literary studies. Volume 1 covers the colonial and early national periods, discussing authors ranging from Renaissance explorers to the poets and novelists of the new republic. It should prove an indispensable guide for scholars and students in the fields of English and American literatures and American history.

The Cambridge History of Latin America

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Author: Leslie Bethell

Publisher: Cambridge University Press

ISBN: 9780521232258

Category: History

Page: 696

View: 6197

Essays discuss Latin American societies in the late nineteenth and early twentieth centuries, changing economic conditions, and historical developments in each country

Families in Crisis in the Old South

Divorce, Slavery, and the Law

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Author: Loren Schweninger

Publisher: Univ of North Carolina Press

ISBN: 0807837504

Category: History

Page: 256

View: 1059

In the antebellum South, divorce was an explosive issue. As one lawmaker put it, divorce was to be viewed as a form of "madness," and as another asserted, divorce reduced communities to the "lowest ebb of degeneracy." How was it that in this climate, the number of divorces rose steadily during the antebellum era? In Families in Crisis in the Old South, Loren Schweninger uses previously unexplored records to argue that the difficulties these divorcing families faced reveal much about the reality of life in a slave-holding society as well as the myriad difficulties confronted by white southern families who chose not to divorce. Basing his argument on almost 800 divorce cases from the southern United States, Schweninger explores the impact of divorce and separation on white families and on the enslaved and provides insights on issues including domestic violence, interracial adultery, alcoholism, insanity, and property relations. He examines how divorce and separation laws changed, how married women's property rights expanded, how definitions of inhuman treatment of wives evolved, and how these divorces challenged conventional mores.

A Legal History of the Civil War and Reconstruction

A Nation of Rights

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Author: Laura F. Edwards

Publisher: Cambridge University Press

ISBN: 1316239713

Category: History

Page: N.A

View: 8477

Although hundreds of thousands of people died fighting in the American Civil War, perhaps the war's biggest casualty was the nation's legal order. A Legal History of the Civil War and Reconstruction explores the implications of this major change by bringing legal history into dialogue with the scholarship of other historical fields. Federal policy on slavery and race, particularly the three Reconstruction amendments, are the best-known legal innovations of the era. Change, however, permeated all levels of the legal system, altering Americans' relationship to the law and allowing them to move popular conceptions of justice into the ambit of government policy. The results linked Americans to the nation through individual rights, which were extended to more people and, as a result of new claims, were reimagined to cover a wider array of issues. But rights had limits in what they could accomplish, particularly when it came to the collective goals that so many ordinary Americans advocated.

The Revolutionary Constitution

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Author: David J. Bodenhamer

Publisher: OUP USA

ISBN: 0195378334

Category: History

Page: 281

View: 7354

The Revolutionary Constitution examines how the Constitution has served as a dynamic and contested framework for legitimating power and advancing liberty in which our past concerns and experiences influence our present understanding. Informed by the latest scholarship, the book is an interpretive synthesis linking constitutional history with American political and social history.

Streitentscheidung und Normbildung durch den Zivilprozess

eine rechtsvergleichende Untersuchung zum deutschen, englischen und US-amerikanischen Recht

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Author: Felix Maultzsch

Publisher: Mohr Siebeck

ISBN: 9783161505386

Category: Law

Page: 492

View: 3740

English summary: What is the relationship between the dispute settlement referring to one specific case and the law-making function in the decision-making process of the appellate courts? Felix Maultzsch looks into this question in a comparative study of German, English and US law. German description: Die richterliche Normbildung verkorpert einen immer bedeutsamer werdenden Aspekt der hochstrichterlichen Tatigkeit. Hiermit stellt sich zugleich die Frage, in welchem Verhaltnis diese Normbildung zu der Entscheidung des jeweils anhangigen Rechtsstreits steht. Bildet der konkrete Fall den wesentlichen Entscheidungs- und Erkenntnisgegenstand, aus dem zugleich allgemeinere Ruckschlusse gezogen werden, oder bildet er einen blossen Anlass fur eine abstrakt orientierte Normbildung? Felix Maultzsch geht dieser Frage in einer rechtsvergleichenden Untersuchung zum deutschen, englischen und US-amerikanischen Recht nach, die sich an dem prozessual-institutionellen Rahmen der richterlichen Tatigkeit orientiert. Er untersucht das Verhaltnis zwischen Streitentscheidung und Normbildung aus entwicklungsgeschichtlicher und rechtstheoretischer Perspektive und behandelt zudem konkrete prozessuale Anwendungsbeispiele. Hierbei kann fur die hochstrichterliche Ebene die Grundtendenz beobachtet werden, dass die Normbildung einen immer starkeren Eigenwert erlangt und sich von der Streitentscheidung gleichsam loslost. Der Autor pladiert demgegenuber fur eine Ruckbesinnung auf das klassische Modell, nach dem der jeweilige Fall das Zentrum der richterlichen Tatigkeit bildet und die Rechtsschopfung leitet. Dieser Ansatz konzentriert sich auf die genuinen Starken des Prozesses der richterlichen Entscheidungsfindung und ermoglicht somit auf lange Sicht auch eine nachhaltigere Normbildung.

The Cambridge History of Capitalism: Volume 2, The Spread of Capitalism: From 1848 to the Present

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Author: Larry Neal,Jeffrey G. Williamson

Publisher: Cambridge University Press

ISBN: 1316025713

Category: Business & Economics

Page: N.A

View: 5308

The second volume of The Cambridge History of Capitalism provides an authoritative reference on the spread and impact of capitalism across the world, and the varieties of responses to it. Employing a wide geographical coverage and strong comparative outlook, a team of leading scholars explore the global consequences that capitalism has had for industry, agriculture, and trade, along with the reactions by governments, firms, and markets. The authors consider how World War I halted the initial spread of capitalism, but global capitalism arose again by the close of the twentieth century. They explore how the responses of labor movements, compounded by the reactions by political regimes, whether defensive or proactive, led to diverse military and welfare consequences. Beneficial results eventually emerged, but the rise and spread of capitalism has not been easy or smooth. This definitive volume will have widespread appeal amongst historians, economists, and political scientists.

The Oxford Handbook of the American Revolution

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Author: Edward G. Gray,Jane Kamensky

Publisher: Oxford University Press

ISBN: 0199324034

Category: History

Page: 696

View: 3856

The Oxford Handbook of the American Revolution draws on a wealth of new scholarship to create a vibrant dialogue among varied approaches to the revolution that made the United States. In thirty-three essays written by authorities on the period, the Handbook brings to life the diverse multitudes of colonial North America and their extraordinary struggles before, during, and after the eight-year-long civil war that secured the independence of thirteen rebel colonies from their erstwhile colonial parent. The chapters explore battles and diplomacy, economics and finance, law and culture, politics and society, gender, race, and religion. Its diverse cast of characters includes ordinary farmers and artisans, free and enslaved African Americans, Indians, and British and American statesmen and military leaders. In addition to expanding the Revolution's who, the Handbook broadens its where, portraying an event that far transcended the boundaries of what was to become the United States. It offers readers an American Revolution whose impact ranged far beyond the thirteen colonies. The Handbook's range of interpretive and methodological approaches captures the full scope of current revolutionary-era scholarship. Its authors, British and American scholars spanning several generations, include social, cultural, military, and imperial historians, as well as those who study politics, diplomacy, literature, gender, and sexuality. Together and separately, these essays demonstrate that the American Revolution remains a vibrant and inviting a subject of inquiry. Nothing comparable has been published in decades.

Merely for Money?

Business Culture in the British Atlantic, 1750-1815

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Author: Sheryllynne Haggerty

Publisher: Liverpool University Press

ISBN: 1781388911

Category: History

Page: 288

View: 4323

In 1780 Richard Sheridan noted that merchants worked 'merely for money'. However, rather than being a criticism, this was recognition of the important commercial role that merchants played in the British empire at this time. Of course, merchants desired and often made profits, but they were strictly bound by commonly-understood socio-cultural norms which formed a private-order institution of a robust business culture. In order to elucidate this business culture, this book examines the themes of risk, trust, reputation, obligation, networks and crises to demonstrate how contemporary merchants perceived and dealt with one another and managed their businesses. Merchants were able to take risks and build trust, but concerns about reputation and fulfilling obligations constrained economic opportunism. By relating these themes to an array of primary sources from ports around the British-Atlantic world, this book provides a more nuanced understanding of business culture during this period. A theme which runs throughout the book is the mercantile community as a whole and its relationship with the state. This was an important element in the British business culture of this period, although this relationship came under stress towards the end of period, forming a crisis in itself. This book argues that the business culture of the British-Atlantic mercantile community not only facilitated the conduct of day-to-day business, but also helped it to cope with short-term crises and long-term changes. This facilitated the success of the British-Atlantic economy even within the context of changing geo-politics and an under-institutionalised environment. Not working 'merely for money' was a successful business model.

Journal of the Civil War Era

Fall 2014 Issue

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Author: William A. Blair

Publisher: UNC Press Books

ISBN: 1469615991

Category: History

Page: 144

View: 7133

The Journal of the Civil War Era Volume 4, Number 3, September 2014 TABLE OF CONTENTS Editor's Note, William Blair Articles Felicity Turner Rights and the Ambiguities of Law: Infanticide in the Nineteenth-Century U.S. South Paul Quigley Civil War Conscription and the International Boundaries of Citizenship Jay Sexton William H. Seward in the World Review Essay Patick J. Kelly the European Revolutions of 1848 and the Transnational turn in Civil War History Book Reviews Books Received Notes on Contributors

Empire by Treaty

Negotiating European Expansion, 1600-1900

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Author: Saliha Belmessous

Publisher: Oxford University Press

ISBN: 0199391807

Category: History

Page: 256

View: 8589

Most histories of European appropriation of indigenous territories have, until recently, focused on conquest and occupation, while relatively little attention has been paid to the history of treaty-making. Yet treaties were also a means of extending empire. To grasp the extent of European legal engagement with indigenous peoples, Empire by Treaty: Negotiating European Expansion, 1600-1900 looks at the history of treaty-making in European empires (Dutch, Spanish, Portuguese, French and British) from the early 17th to the late 19th century, that is, during both stages of European imperialism. While scholars have often dismissed treaties assuming that they would have been fraudulent or unequal, this book argues that there was more to the practice of treaty-making than mere commercial and political opportunism. Indeed, treaty-making was also promoted by Europeans as a more legitimate means of appropriating indigenous sovereignties and acquiring land than were conquest or occupation, and therefore as a way to reconcile expansion with moral and juridical legitimacy. As for indigenous peoples, they engaged in treaty-making as a way to further their interests even if, on the whole, they gained far less than the Europeans from those agreements and often less than they bargained for. The vexed history of treaty-making presents particular challenges for the great expectations placed in treaties for the resolution of conflicts over indigenous rights in post-colonial societies. These hopes are held by both indigenous peoples and representatives of the post-colonial state and yet, both must come to terms with the complex and troubled history of treaty-making over 300 years of empire. Empire by Treaty looks at treaty-making in Dutch colonial expansion, the Spanish-Portuguese border in the Americas, aboriginal land in Canada, French colonial West Africa, and British India.

Faith and Law

How Religious Traditions from Calvinism to Islam View American Law

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Author: Robert F. Cochran

Publisher: NYU Press

ISBN: 0814716725

Category: Law

Page: 299

View: 1502

What does it mean to be a Jewish woman today? To an Orthodox woman, it means living a religious way of life in which serving God totally defines her self-perception and her role as wife and mother. For the secular woman, it means having a sense of belonging, although not necessarily to a specific Jewish community. Most contemporary Jewish women fall somewhere in between, but at the core of all of their identities is a complex interweaving of religious and ethnic elements, a shared history, and a collective memory of periods of prejudice, persecution, wandering, and resettlement. Focusing on Jewish women in the United States and Britain, Adrienne Baker examines such issues as women's role in religious law, the spectrum of synagogue observance, the mother's role as conveyor of tradition, conversion and inter- faith marriages, and sexuality. In particular, the book examines the impact of feminism on Jewish women and their culture, uncovering the counterinfluences of tradition and new freedoms on women's lives.

Common Law, History, and Democracy in America, 1790–1900

Legal Thought before Modernism

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Author: Kunal M. Parker

Publisher: Cambridge University Press

ISBN: 1139496360

Category: History

Page: N.A

View: 2329

This book argues for a change in our understanding of the relationships among law, politics and history. Since the turn of the nineteenth century, a certain anti-foundational conception of history has served to undermine law's foundations, such that we tend to think of law as nothing other than a species of politics. Thus viewed, the activity of unelected, common law judges appears to be an encroachment on the space of democracy. However, Kunal M. Parker shows that the world of the nineteenth century looked rather different. Democracy was itself constrained by a sense that history possessed a logic, meaning and direction that democracy could not contravene. In such a world, far from law being seen in opposition to democracy, it was possible to argue that law - specifically, the common law - did a better job than democracy of guiding America along history's path.