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: 8781

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

The Cambridge History of Law in America

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Author: Michael Grossberg,Christopher Tomlins

Publisher: Cambridge University Press

ISBN: 0521803055

Category: History

Page: 739

View: 8581

This volume covers American law from the earliest settlement and colonization of North America.

The Cambridge History of Law in America

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Author: Michael Grossberg,Christopher Tomlins

Publisher: Cambridge University Press

ISBN: 0521803071

Category: History

Page: 958

View: 8742

This volume covers the twentieth century after World War I and makes predictions for the twenty-first century.

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: 7794

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.

City of Courts

Socializing Justice in Progressive Era Chicago

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Author: Michael Willrich

Publisher: Cambridge University Press

ISBN: 9780521794039

Category: History

Page: 332

View: 6698

This 2003 book looks at contesting concepts of crime, and social justice in nineteenth-century industrial America.

Law's History

American Legal Thought and the Transatlantic Turn to History

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Author: David M. Rabban

Publisher: Cambridge University Press

ISBN: 0521761913

Category: History

Page: 564

View: 4693

This is a study of the central role of history in late-nineteenth century American legal thought. In the decades following the Civil War, the founding generation of professional legal scholars in the United States drew from the evolutionary social thought that pervaded Western intellectual life on both sides of the Atlantic. Their historical analysis of law as an inductive science rejected deductive theories and supported moderate legal reform, conclusions that challenge conventional accounts of legal formalism Unprecedented in its coverage and its innovative conclusions about major American legal thinkers from the Civil War to the present, the book combines transatlantic intellectual history, legal history, the history of legal thought, historiography, jurisprudence, constitutional theory, and the history of higher education.

From Slave Abuse to Hate Crime

The Criminalization of Racial Violence in American History

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Author: Ely Aaronson

Publisher: Cambridge University Press

ISBN: 110702689X

Category: History

Page: 220

View: 6464

This book explores how political debates and legal reforms on criminalization of racial violence have shaped American racial history.

Recalibrating Reform

The Limits of Political Change

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Author: Stuart Chinn

Publisher: Cambridge University Press

ISBN: 1107057531

Category: Law

Page: 351

View: 6144

This book examines a pattern of conservative resurgence following several eras of reform in American history by pointing to the phenomenon of "recalibration". It demonstrates the difficulty of achieving substantive political change in American politics, as elements of the old political order tend to find ways to survive and reassert themselves after reform. By highlighting recalibration as a regular companion to reform, the book ultimately sheds light on the barriers to, and possibilities for, sweeping change in American politics.

A Judgment for Solomon

The D'Hauteville Case and Legal Experience in Antebellum America

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Author: Michael Grossberg

Publisher: Cambridge University Press

ISBN: 9780521557450

Category: History

Page: 270

View: 2939

The story of the d'Hauteville case, a controversial child custody battle fought in 1840. It uses the story of one couple's bitter fight over their son to explore timebound and timeless features of American legal culture.

The Jurisprudence of Style

A Structuralist History of American Pragmatism and Liberal Legal Thought

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Author: Justin Desautels-Stein

Publisher: Cambridge University Press

ISBN: 1107156653

Category: History

Page: 332

View: 6715

Offers a structuralist critique of the relationship between pragmatism and liberalism in American legal thought.

The Cambridge History of Asian American Literature

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Author: Rajini Srikanth,Min Hyoung Song

Publisher: Cambridge University Press

ISBN: 1316368459

Category: Literary Criticism

Page: N.A

View: 2005

The Cambridge History of Asian American Literature presents a comprehensive history of the field, from its origins in the nineteenth century to the present day. It offers an unparalleled examination of all facets of Asian American writing that help readers to understand how authors have sought to make their experiences meaningful. Covering subjects from autobiography and Japanese American internment literature to contemporary drama and social protest performance, this History traces the development of a literary tradition while remaining grounded in current scholarship. It also presents new critical approaches to Asian American literature that will serve the needs of students and specialists alike. Written by leading scholars in the field, The Cambridge History of Asian American Literature will not only engage readers in contemporary debates but also serve as a definitive reference for years to come.

Dred Scott and the Problem of Constitutional Evil

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Author: Mark A. Graber

Publisher: Cambridge University Press

ISBN: 9781139457071

Category: History

Page: N.A

View: 5445

Dred Scott and the Problem of Constitutional Evil , first published in 2006, concerns what is entailed by pledging allegiance to a constitutional text and tradition saturated with concessions to evil. The Constitution of the United States was originally understood as an effort to mediate controversies between persons who disputed fundamental values, and did not offer a vision of the good society. In order to form a 'more perfect union' with slaveholders, late-eighteenth-century citizens fashioned a constitution that plainly compelled some injustices and was silent or ambiguous on other questions of fundamental right. This constitutional relationship could survive only as long as a bisectional consensus was required to resolve all constitutional questions not settled in 1787. Dred Scott challenges persons committed to human freedom to determine whether antislavery northerners should have provided more accommodations for slavery than were constitutionally strictly necessary or risked the enormous destruction of life and property that preceded Lincoln's new birth of freedom.

Birthright Citizens

A History of Race and Rights in Antebellum America

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Author: Martha S. Jones

Publisher: Cambridge University Press

ISBN: 1107150345

Category: History

Page: 248

View: 1901

Explains the origins of the Fourteenth Amendment's birthright citizenship provision, as a story of black Americans' pre-Civil War claims to belonging.

Thomas Jefferson, Legal History, and the Art of Recollection

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Author: Matthew Crow

Publisher: Cambridge University Press

ISBN: 1108155987

Category: History

Page: N.A

View: 3884

In this innovative book, historian Matthew Crow unpacks the legal and political thought of Thomas Jefferson as a tool for thinking about constitutional transformation, settler colonialism, and race and civic identity in the era of the American Revolution. Thomas Jefferson's practices of reading, writing, and collecting legal history grew out of broader histories of early modern empire and political thought. As a result of the peculiar ways in which he theorized and experienced the imperial crisis and revolutionary constitutionalism, Jefferson came to understand a republican constitution as requiring a textual, material culture of law shared by citizens with the cultivated capacity to participate in such a culture. At the center of the story in Thomas Jefferson, Legal History, and the Art of Recollection, Crow concludes, we find legal history as a mode of organizing and governing collective memory, and as a way of instituting a particular form of legal subjectivity.

Free Speech in Its Forgotten Years, 1870-1920

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Author: David M. Rabban

Publisher: Cambridge University Press

ISBN: 9780521655378

Category: History

Page: 422

View: 859

Most American historians and legal scholars incorrectly assume that controversies and litigation about free speech began abruptly during World War I. However, this text reveals that important free speech controversies and legal cases, often involving sex reformers and labor unions, preceded the Espionage Act of 1917.

Conjugal Misconduct

Defying Marriage Law in the Twentieth-Century United States

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Author: William Kuby

Publisher: Cambridge University Press

ISBN: 110716026X

Category: History

Page: 312

View: 8312

Examines the experiences of couples in controversial unions and the legal and cultural backlash against contested marital arrangements in twentieth-century America. Will appeal to readers studying marriage law, gender, sexuality, class, and race in the US and those seeking historical insight into the recent debates over the definition of marriage.

Debt's Dominion

A History of Bankruptcy Law in America

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Author: David A. Skeel Jr.

Publisher: Princeton University Press

ISBN: 1400828503

Category: Business & Economics

Page: 296

View: 605

Bankruptcy in America, in stark contrast to its status in most other countries, typically signifies not a debtor's last gasp but an opportunity to catch one's breath and recoup. Why has the nation's legal system evolved to allow both corporate and individual debtors greater control over their fate than imaginable elsewhere? Masterfully probing the political dynamics behind this question, David Skeel here provides the first complete account of the remarkable journey American bankruptcy law has taken from its beginnings in 1800, when Congress lifted the country's first bankruptcy code right out of English law, to the present day. Skeel shows that the confluence of three forces that emerged over many years--an organized creditor lobby, pro-debtor ideological currents, and an increasingly powerful bankruptcy bar--explains the distinctive contours of American bankruptcy law. Their interplay, he argues in clear, inviting prose, has seen efforts to legislate bankruptcy become a compelling battle royale between bankers and lawyers--one in which the bankers recently seem to have gained the upper hand. Skeel demonstrates, for example, that a fiercely divided bankruptcy commission and the 1994 Republican takeover of Congress have yielded the recent, ideologically charged battles over consumer bankruptcy. The uniqueness of American bankruptcy has often been noted, but it has never been explained. As different as twenty-first century America is from the horse-and-buggy era origins of our bankruptcy laws, Skeel shows that the same political factors continue to shape our unique response to financial distress.

Law and the Modern Mind

Consciousness and Responsibility in American Legal Culture

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Author: Susanna L. Blumenthal

Publisher: Harvard University Press

ISBN: 0674495535

Category: Law

Page: N.A

View: 3885

Headline-grabbing murders are not the only cases in which sanity has been disputed in the American courtroom. Susanna Blumenthal traces this litigation, revealing how ideas of human consciousness, agency, and responsibility have shaped American jurisprudence as judges struggled to reconcile Enlightenment rationality with new sciences of the mind.