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Law And The Conditions Of Freedom In The Nineteenth Century United States
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Book Synopsis Law and the Conditions of Freedom in the Nineteenth-century United States by : James Willard Hurst
Download or read book Law and the Conditions of Freedom in the Nineteenth-century United States written by James Willard Hurst and published by Univ of Wisconsin Press. This book was released on 1956 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Law and the Conditions of Freedom in the Nineteenth-century United States by : James Willard Hurst
Download or read book Law and the Conditions of Freedom in the Nineteenth-century United States written by James Willard Hurst and published by . This book was released on 1904 with total page 139 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The People’s Welfare by : William J. Novak
Download or read book The People’s Welfare written by William J. Novak and published by Univ of North Carolina Press. This book was released on 2000-11-09 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Constitution, Law, and American Life by : Donald G. Nieman
Download or read book The Constitution, Law, and American Life written by Donald G. Nieman and published by . This book was released on 1992 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Democratic Experiment by : Meg Jacobs
Download or read book The Democratic Experiment written by Meg Jacobs and published by Princeton University Press. This book was released on 2009-01-10 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Law and the Borders of Belonging in the Long Nineteenth Century United States by : Barbara Young Welke
Download or read book Law and the Borders of Belonging in the Long Nineteenth Century United States written by Barbara Young Welke and published by Cambridge University Press. This book was released on 2010-03-08 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: For more than a generation, historians and legal scholars have documented inequalities at the heart of American law and daily life and exposed inconsistencies in the generic category of "American citizenship." Welke draws on that wealth of historical, legal, and theoretical scholarship to offer a new paradigm of liberal selfhood and citizenship from the founding of the United States through the 1920s. Law and the Borders of Belonging questions understanding this period through a progressive narrative of expanding rights, revealing that it was characterized instead by a sustained commitment to borders of belonging of liberal selfhood, citizenship, and nation in which able white men's privilege depended on the subject status of disabled persons, racialized others, and women. Welke's conclusions pose challenging questions about the modern liberal democratic state that extend well beyond the temporal and geographic boundaries of the long nineteenth century United States.
Book Synopsis Force and Freedom by : Kellie Carter Jackson
Download or read book Force and Freedom written by Kellie Carter Jackson and published by University of Pennsylvania Press. This book was released on 2020-08-14 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: From its origins in the 1750s, the white-led American abolitionist movement adhered to principles of "moral suasion" and nonviolent resistance as both religious tenet and political strategy. But by the 1850s, the population of enslaved Americans had increased exponentially, and such legislative efforts as the Fugitive Slave Act and the Supreme Court's 1857 ruling in the Dred Scott case effectively voided any rights black Americans held as enslaved or free people. As conditions deteriorated for African Americans, black abolitionist leaders embraced violence as the only means of shocking Northerners out of their apathy and instigating an antislavery war. In Force and Freedom, Kellie Carter Jackson provides the first historical analysis exclusively focused on the tactical use of violence among antebellum black activists. Through rousing public speeches, the bourgeoning black press, and the formation of militia groups, black abolitionist leaders mobilized their communities, compelled national action, and drew international attention. Drawing on the precedent and pathos of the American and Haitian Revolutions, African American abolitionists used violence as a political language and a means of provoking social change. Through tactical violence, argues Carter Jackson, black abolitionist leaders accomplished what white nonviolent abolitionists could not: creating the conditions that necessitated the Civil War. Force and Freedom takes readers beyond the honorable politics of moral suasion and the romanticism of the Underground Railroad and into an exploration of the agonizing decisions, strategies, and actions of the black abolitionists who, though lacking an official political voice, were nevertheless responsible for instigating monumental social and political change.
Book Synopsis Freedom Bound by : Christopher Tomlins
Download or read book Freedom Bound written by Christopher Tomlins and published by Cambridge University Press. This book was released on 2010-08-31 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom Bound is about the origins of modern America - a history of colonizing, work and civic identity from the beginnings of English presence on the mainland until the Civil War. It is a history of migrants and migrations, of colonizers and colonized, of households and servitude and slavery, and of the freedom all craved and some found. Above all it is a history of the law that framed the entire process. Freedom Bound tells how colonies were planted in occupied territories, how they were populated with migrants - free and unfree - to do the work of colonizing and how the newcomers secured possession. It tells of the new civic lives that seemed possible in new commonwealths and of the constraints that kept many from enjoying them. It follows the story long past the end of the eighteenth century until the American Civil War, when - just for a moment - it seemed that freedom might finally be unbound.
Book Synopsis The Two Faces of American Freedom by : Aziz Rana
Download or read book The Two Faces of American Freedom written by Aziz Rana and published by Harvard University Press. This book was released on 2014-04-07 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Two Faces of American Freedom boldly reinterprets the American political tradition from the colonial period to modern times, placing issues of race relations, immigration, and presidentialism in the context of shifting notions of empire and citizenship. Today, while the U.S. enjoys tremendous military and economic power, citizens are increasingly insulated from everyday decision-making. This was not always the case. America, Aziz Rana argues, began as a settler society grounded in an ideal of freedom as the exercise of continuous self-rule—one that joined direct political participation with economic independence. However, this vision of freedom was politically bound to the subordination of marginalized groups, especially slaves, Native Americans, and women. These practices of liberty and exclusion were not separate currents, but rather two sides of the same coin. However, at crucial moments, social movements sought to imagine freedom without either subordination or empire. By the mid-twentieth century, these efforts failed, resulting in the rise of hierarchical state and corporate institutions. This new framework presented national and economic security as society’s guiding commitments and nurtured a continual extension of America’s global reach. Rana envisions a democratic society that revives settler ideals, but combines them with meaningful inclusion for those currently at the margins of American life.
Book Synopsis Free Speech in Its Forgotten Years, 1870-1920 by : David M. Rabban
Download or read book Free Speech in Its Forgotten Years, 1870-1920 written by David M. Rabban and published by Cambridge University Press. This book was released on 1997 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most American historians and legal scholars incorrectly assume that controversies and litigation about free speech began abruptly during World War I. However, there was substantial debate about free speech issues between the Civil War and World War I. Important free speech controversies, often involving the activities of sex reformers and labor unions, preceded the Espionage Act of 1917. Scores of legal cases presented free speech issues to Justices Holmes and Brandeis. A significant organization, the Free Speech League, became a principled defender of free expression two decades before the establishment of the ACLU in 1920. World War I produced a major transformation in American liberalism. Progressives who had viewed constitutional rights as barriers to needed social reforms came to appreciate the value of political dissent during its wartime repression. They subsequently misrepresented the prewar judicial hostility to free speech claims and obscured prior libertarian defenses of free speech based on commitments to individual autonomy.
Book Synopsis Law and Markets in United States History by : James Willard Hurst
Download or read book Law and Markets in United States History written by James Willard Hurst and published by The Lawbook Exchange, Ltd.. This book was released on 2001 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: The eminent legal scholar James Willard Hurst's sociological analysis of the relation between law and private business in relation to society at large Hurst argues that law and business support the same goals of efficiency and humanity, and examines their interrelationship toward that end in terms of ethical issues related to public policy, money supply, the impact of incremental change, inflation and deflation, monopoly and competition, and other economic factors. Based on Hurst's lectures at The University of Wisconsin in April, 1981. James Willard Hurst [1910-1997] is widely recognized as the father of modern American legal history. He taught at University of Wisconsin Law School. A prolific scholar and writer, Hurst's major works include The Growth of American Law: The Law Makers (1950), Law and The Conditions of Freedom in The Nineteenth-century United States (1956), Law and Economic Growth: The Legal History of the Wisconsin Lumber Industry 1835-1916 (1964), Law and Social Process in U.S. History (1960) and Law and Social Order in the United States (1977). CONTENTS Introduction: The Market, the Law, and Challenges of Scarcity Chapter 1 Law and the Constitution of the Market Chapter 2 The Market in Social Context Chapter 3 Bargaining through Law and through Markets Notes Sources Cited Index
Book Synopsis Picture Freedom by : Jasmine Nichole Cobb
Download or read book Picture Freedom written by Jasmine Nichole Cobb and published by NYU Press. This book was released on 2015-04-03 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Picture Freedom provides a unique and nuanced interpretation of nineteenth-century African American life and culture. Focusing on visuality, print culture, and an examination of the parlor, Cobb has fashioned a book like none other, convincingly demonstrating how whites and blacks reimagined racial identity and belonging in the early republic."--Erica Armstrong Dunbar, author of A Fragile Freedom: African American Women and Emancipation in the Antebellum City.
Book Synopsis The Law of Freedom and Bondage in the United States by : John Codman Hurd
Download or read book The Law of Freedom and Bondage in the United States written by John Codman Hurd and published by Greenwood. This book was released on 1858 with total page 694 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Coercion, Contract, and Free Labor in the Nineteenth Century by : Robert J. Steinfeld
Download or read book Coercion, Contract, and Free Labor in the Nineteenth Century written by Robert J. Steinfeld and published by Cambridge University Press. This book was released on 2001-02-05 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a fundamental reassessment of the nature of wage labor in the nineteenth century, focusing on the common use of penal sanctions in England to enforce wage labor agreements. Professor Steinfeld argues that wage workers were not employees at will but were often bound to their employment by enforceable labor agreements, which employers used whenever available to manage their labor costs and supply. In the northern United States, where employers normally could not use penal sanctions, the common law made other contract remedies available, also placing employers in a position to enforce labor agreements. Modern free wage labor only came into being late in the nineteenth century, as a result of reform legislation that restricted the contract remedies employers could legally use.
Book Synopsis A Companion to 19th-Century America by : William Barney
Download or read book A Companion to 19th-Century America written by William Barney and published by John Wiley & Sons. This book was released on 2008-04-15 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Companion to 19th-Century America is an authoritative overview of current historiographical developments and major themes in the history of nineteenth-century America. Twenty-seven scholars, all specialists in their own thematic areas, examine the key debates and historiography. A thematic and chronological organization brings together the major time periods, politics, the Civil War, economy, and social and cultural history of the nineteenth century. Written with the general reader in mind, each essay surveys the historical research, the emerging concerns, and assesses the future direction of scholarship. Complete coverage of all the major themes and current debates in nineteenth-century US history assessing the state of the scholarship and future concerns. 24 original essays by leading experts in nineteenth-century American history complete with up-to-date bibliographies. Chronological and thematic organization covers both traditional and contemporary fields of research - politics, periods, economy, class formation, ethnicity, gender roles, regions, culture and ideas.
Book Synopsis Separation of Church and State by : Philip HAMBURGER
Download or read book Separation of Church and State written by Philip HAMBURGER and published by Harvard University Press. This book was released on 2009-06-30 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a powerful challenge to conventional wisdom, Philip Hamburger argues that the separation of church and state has no historical foundation in the First Amendment. The detailed evidence assembled here shows that eighteenth-century Americans almost never invoked this principle. Although Thomas Jefferson and others retrospectively claimed that the First Amendment separated church and state, separation became part of American constitutional law only much later. Hamburger shows that separation became a constitutional freedom largely through fear and prejudice. Jefferson supported separation out of hostility to the Federalist clergy of New England. Nativist Protestants (ranging from nineteenth-century Know Nothings to twentieth-century members of the K.K.K.) adopted the principle of separation to restrict the role of Catholics in public life. Gradually, these Protestants were joined by theologically liberal, anti-Christian secularists, who hoped that separation would limit Christianity and all other distinct religions. Eventually, a wide range of men and women called for separation. Almost all of these Americans feared ecclesiastical authority, particularly that of the Catholic Church, and, in response to their fears, they increasingly perceived religious liberty to require a separation of church from state. American religious liberty was thus redefined and even transformed. In the process, the First Amendment was often used as an instrument of intolerance and discrimination.
Book Synopsis American History: A Very Short Introduction by : Paul S. Boyer
Download or read book American History: A Very Short Introduction written by Paul S. Boyer and published by Oxford University Press. This book was released on 2012-08-16 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume in Oxford's A Very Short Introduction series offers a concise, readable narrative of the vast span of American history, from the earliest human migrations to the early twenty-first century when the United States loomed as a global power and comprised a complex multi-cultural society of more than 300 million people. The narrative is organized around major interpretive themes, with facts and dates introduced as needed to illustrate these themes. The emphasis throughout is on clarity and accessibility to the interested non-specialist.
