The American Revolution In The Law

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The American Revolution In the Law

Author : Shannon C. Stimson
Publisher : Princeton University Press
ISBN 13 : 1400861470
Total Pages : 241 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis The American Revolution In the Law by : Shannon C. Stimson

Download or read book The American Revolution In the Law written by Shannon C. Stimson and published by Princeton University Press. This book was released on 2014-07-14 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1773 John Adams observed that one source of tension in the debate between England and the colonies could be traced to the different conceptions each side had of the terms "legally" and "constitutionally"--different conceptions that were, as Shannon Stimson here demonstrates, symptomatic of deeper jurisprudential, political, and even epistemological differences between the two governmental outlooks. This study of the political and legal thought of the American revolution and founding period explores the differences between late eighteenth-century British and American perceptions of the judicial and jural power. In Stimson's book, which will interest both historians and theorists of law and politics, the study of colonial juries provides an incisive tool for organizing, interpreting, and evaluating various strands of American political theory, and for challenging the common assumption of a basic unity of vision of the roots of Anglo-American jurisprudence. The author introduces an original concept, that of "judicial space," to account for the development of the highly political role of the Supreme Court, a judicial body that has no clear counterpart in English jurisprudence. Originally published in 1990. 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.

Constitutional History of the American Revolution

Author : John Phillip Reid
Publisher :
ISBN 13 : 9780299108748
Total Pages : pages
Book Rating : 4.1/5 (87 download)

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Book Synopsis Constitutional History of the American Revolution by : John Phillip Reid

Download or read book Constitutional History of the American Revolution written by John Phillip Reid and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

In a Defiant Stance

Author : John P. Reid
Publisher : Penn State Press
ISBN 13 : 027103825X
Total Pages : 237 pages
Book Rating : 4.2/5 (71 download)

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Book Synopsis In a Defiant Stance by : John P. Reid

Download or read book In a Defiant Stance written by John P. Reid and published by Penn State Press. This book was released on 2010-11-01 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: The minimum of violence accompanying the success of the American Revolution resulted in large part, argues this book, from the conditions of law the British allowed in the American colonies. By contrast, Ireland's struggle for independence was prolonged, bloody, and bitter largely because of the repressive conditions of law imposed by Britain. Examining the most rebellious American colony, Massachusetts Bay, Professor Reid finds that law was locally controlled while imperial law was almost nonexistent as an influence on the daily lives of individuals. In Ireland the same English common law, because of imperial control of legal machinery, produced an opposite result. The Irish were forced to resort to secret, underground violence. The author examines various Massachusetts Bay institutions to show the consequences of whig party control, in contrast to the situation in 18th-century Ireland. A general conclusion is that law, the conditions of positive law, and the matter of who controls the law may have more significant effects on the course of events than is generally assumed.

The Birth of American Law

Author : John D. Bessler
Publisher :
ISBN 13 : 9781611636048
Total Pages : 0 pages
Book Rating : 4.6/5 (36 download)

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Book Synopsis The Birth of American Law by : John D. Bessler

Download or read book The Birth of American Law written by John D. Bessler and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Birth of American Law: An Italian Philosopher and the American Revolution tells the forgotten, untold story of the origins of U.S. law. Before the Revolutionary War, a 26-year-old Italian thinker, Cesare Beccaria, published On Crimes and Punishments, a runaway bestseller that shaped the Declaration of Independence, the U.S. Constitution, and early American laws. America's Founding Fathers, including early U.S. Presidents, avidly read Beccaria's book--a product of the Italian Enlightenment that argued against tyranny and the death penalty. Beccaria's book shaped American views on everything from free speech to republicanism, to "Life, Liberty and the pursuit of Happiness," to gun ownership and the founders' understanding of "cruel and unusual punishments," the famous phrase in the U.S. Constitution's Eighth Amendment. In opposing torture and infamy, Beccaria inspired America's founders to jettison England's Bloody Code, heavily reliant on executions and corporal punishments, and to adopt the penitentiary system. The cast of characters in The Birth of American Law includes the usual suspects--George Washington, Thomas Jefferson, John Adams and James Madison. But it also includes the now little-remembered Count Luigi Castiglioni, a botanist from Milan who--decades before Alexis de Tocqueville's Democracy in America--toured all thirteen original American states before the 1787 Constitutional Convention in Philadelphia. Also figuring in this dramatic story of the American Revolution: Madison's Princeton classmate William Bradford, an early U.S. Attorney General and Beccaria devotee; John Dickinson, the "Penman of the Revolution" who wrote of Beccaria's "genius" and "masterly hand"; James Wilson and Dr. Benjamin Rush, signers of the Declaration of Independence and fellow Beccaria admirers; and Philip Mazzei, Jefferson's Italian-American neighbor at Monticello and yet another Beccaria enthusiast. In documenting Beccaria's game-changing influence, The Birth of American Law sheds important new light on the Constitution, the Bill of Rights, and the creation of American law. This book is part of the Legal History Series, edited by H. Jefferson Powell, Duke University School of Law. The Birth of American Law was awarded the 2015 Scribes Book Award and the First Prize in the 2015 AAIS Book Award competition (in the 18th/19th century category). It was also named INDIEFAB's 2014 Gold Winner for History!

Building a Revolutionary State

Author : Howard Pashman
Publisher : University of Chicago Press
ISBN 13 : 9780226334356
Total Pages : 192 pages
Book Rating : 4.3/5 (343 download)

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Book Synopsis Building a Revolutionary State by : Howard Pashman

Download or read book Building a Revolutionary State written by Howard Pashman and published by University of Chicago Press. This book was released on 2018-05-03 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does a popular uprising transform itself from the disorder of revolution into a legal system that carries out the daily administration required to govern? Americans faced this question during the Revolution as colonial legal structures collapsed under the period’s disorder. Yet by the end of the war, Americans managed to rebuild their courts and legislatures, imbuing such institutions with an authority that was widely respected. This remarkable transformation came about in unexpected ways. Howard Pashman here studies the surprising role played by property redistribution—seizing it from Loyalists and transferring it to supporters of independence—in the reconstruction of legal order during the Revolutionary War. Building a Revolutionary State looks closely at one state, New York, to understand the broader question of how legal structures emerged from an insurgency. By examining law as New Yorkers experienced it in daily life during the war, Pashman reconstructs a world of revolutionary law that prevailed during America’s transition to independence. In doing so, Pashman explores a central paradox of the revolutionary era: aggressive enforcement of partisan property rules actually had stabilizing effects that allowed insurgents to build legal institutions that enjoyed popular support. Tracing the transformation from revolutionary disorder to legal order, Building a New Revolutionary State gives us a radically fresh way to understand the emergence of new states.

The Constitutional Origins of the American Revolution

Author : Jack P. Greene
Publisher : Cambridge University Press
ISBN 13 : 1139492934
Total Pages : 223 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The Constitutional Origins of the American Revolution by : Jack P. Greene

Download or read book The Constitutional Origins of the American Revolution written by Jack P. Greene and published by Cambridge University Press. This book was released on 2010-10-25 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using the British Empire as a case study, this succinct study argues that the establishment of overseas settlements in America created a problem of constitutional organization. The failure to resolve the resulting tensions led to the thirteen continental colonies seceding from the empire in 1776. Challenging those historians who have assumed that the British had the law on their side during the debates that led to the American Revolution, this volume argues that the empire had long exhibited a high degree of constitutional multiplicity, with each colony having its own discrete constitution. Contending that these constitutions cannot be conflated with the metropolitan British constitution, it argues that British refusal to accept the legitimacy of colonial understandings of the sanctity of the many colonial constitutions and the imperial constitution was the critical element leading to the American Revolution.

By Birth or Consent

Author : Holly Brewer
Publisher : UNC Press Books
ISBN 13 : 0807839124
Total Pages : 408 pages
Book Rating : 4.8/5 (78 download)

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Book Synopsis By Birth or Consent by : Holly Brewer

Download or read book By Birth or Consent written by Holly Brewer and published by UNC Press Books. This book was released on 2012-12-01 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: In mid-sixteenth-century England, people were born into authority and responsibility based on their social status. Thus elite children could designate property or serve in Parliament, while children of the poorer sort might be forced to sign labor contracts or be hanged for arson or picking pockets. By the late eighteenth century, however, English and American law began to emphasize contractual relations based on informed consent rather than on birth status. In By Birth or Consent, Holly Brewer explores how the changing legal status of children illuminates the struggle over consent and status in England and America. As it emerged through religious, political, and legal debates, the concept of meaningful consent challenged the older order of birthright and became central to the development of democratic political theory. The struggle over meaningful consent had tremendous political and social consequences, affecting the whole order of society. It granted new powers to fathers and guardians at the same time that it challenged those of masters and kings. Brewer's analysis reshapes the debate about the origins of modern political ideology and makes connections between Reformation religious debates, Enlightenment philosophy, and democratic political theory.

The Concept of Representation in the Age of the American Revolution

Author : John Phillip Reid
Publisher : University of Chicago Press
ISBN 13 : 9780226708980
Total Pages : 276 pages
Book Rating : 4.7/5 (89 download)

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Book Synopsis The Concept of Representation in the Age of the American Revolution by : John Phillip Reid

Download or read book The Concept of Representation in the Age of the American Revolution written by John Phillip Reid and published by University of Chicago Press. This book was released on 1989 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Americans did not rebel from Great Britain because they wanted a different government. They rebelled because they believed that Parliament was violating constitutional precepts. Colonial Whigs did not fight for American rights. They fought for English rights."—from the Preface John Phillip Reid goes on to argue that it was generally the application, not the definition, of these rights that was disputed. The sole—and critical—exception concerned the right of representation. American perceptions of the responsibility of representatives to their constituents, the necessity of equal representation, and the constitutional function of consent had diverged gradually, but significantly, from British tradition. Drawing on his mastery of eighteenth-century legal thought, Reid explores the origins and shifting meanings of representation, consent, arbitrary rule, and constitution. He demonstrates that the controversy which led to the American Revolution had more to do with jurisprudential and constitutional principles than with democracy and equality. This book will interest legal historians, Constitutional scholars, and political theorists.

Law in the American Revolution and the Revolution in the Law

Author : Hendrik Hartog
Publisher :
ISBN 13 :
Total Pages : 264 pages
Book Rating : 4.:/5 (964 download)

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Book Synopsis Law in the American Revolution and the Revolution in the Law by : Hendrik Hartog

Download or read book Law in the American Revolution and the Revolution in the Law written by Hendrik Hartog and published by . This book was released on 1981 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Justifying Revolution

Author : Glenn A. Moots
Publisher :
ISBN 13 : 9780806160139
Total Pages : 0 pages
Book Rating : 4.1/5 (61 download)

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Book Synopsis Justifying Revolution by : Glenn A. Moots

Download or read book Justifying Revolution written by Glenn A. Moots and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Explores how the American Revolution's opposing sides wrestled with thorny moral and legal questions with an eye to the justice and legality of entering armed conflict; the choices made by officers and soldiers in combat; and attempts to arrive at defensible terms of peace"--

The Clamor of Lawyers

Author : Peter Charles Hoffer
Publisher : Cornell University Press
ISBN 13 : 1501726099
Total Pages : 212 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis The Clamor of Lawyers by : Peter Charles Hoffer

Download or read book The Clamor of Lawyers written by Peter Charles Hoffer and published by Cornell University Press. This book was released on 2018-10-15 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Clamor of Lawyers explores a series of extended public pronouncements that British North American colonial lawyers crafted between 1761 and 1776. Most, though not all, were composed outside of the courtroom and detached from on-going litigation. While they have been studied as political theory, these writings and speeches are rarely viewed as the work of active lawyers, despite the fact that key protagonists in the story of American independence were members of the bar with extensive practices. The American Revolution was, in fact, a lawyers’ revolution. Peter Charles Hoffer and Williamjames Hull Hoffer broaden our understanding of the role that lawyers played in framing and resolving the British imperial crisis. The revolutionary lawyers, including John Adams’s idol James Otis, Jr., Pennsylvania’s John Dickinson, and Virginians Thomas Jefferson and Patrick Henry, along with Adams and others, deployed the skills of their profession to further the public welfare in challenging times. They were the framers of the American Revolution and the governments that followed. Loyalist lawyers and lawyers for the crown also participated in this public discourse, but because they lost out in the end, their arguments are often slighted or ignored in popular accounts. This division within the colonial legal profession is central to understanding the American Republic that resulted from the Revolution.

British Statutes in American Law, 1776-1836

Author : Elizabeth Gaspar Brown
Publisher : William s Hein & Company
ISBN 13 : 9780899413211
Total Pages : 377 pages
Book Rating : 4.4/5 (132 download)

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Book Synopsis British Statutes in American Law, 1776-1836 by : Elizabeth Gaspar Brown

Download or read book British Statutes in American Law, 1776-1836 written by Elizabeth Gaspar Brown and published by William s Hein & Company. This book was released on 1964 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Constitutional History of the American Revolution, Volume II

Author : John Phillip Reid
Publisher : Univ of Wisconsin Press
ISBN 13 : 9780299112943
Total Pages : 438 pages
Book Rating : 4.1/5 (129 download)

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Book Synopsis Constitutional History of the American Revolution, Volume II by : John Phillip Reid

Download or read book Constitutional History of the American Revolution, Volume II written by John Phillip Reid and published by Univ of Wisconsin Press. This book was released on 2003-03 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Phillip Reid addresses the central constitutional issues that divided the American colonists from their English legislators: the authority to tax, the authority to legislate, the security of rights, the nature of law, the foundation of constitutional government in custom and contractarian theory, and the search for a constitutional settlement.

American Revolution

Author : Charles Howard McIlwain
Publisher : e-artnow
ISBN 13 :
Total Pages : 88 pages
Book Rating : 4.4/5 (66 download)

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Book Synopsis American Revolution by : Charles Howard McIlwain

Download or read book American Revolution written by Charles Howard McIlwain and published by e-artnow. This book was released on 2022-01-04 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: American Revolution is a Pulitzer Prize awarded history which deals with legal and political aspects of the American Revolution. The American Revolution began and ended with the political act or acts by which British sovereignty over the thirteen English colonies in North America was definitely repudiated. All else was nothing but cause or effect of this act. Of the causes, some were economic, some social, others constitutional. But the Revolution itself was none of these; not social, nor economic, nor even constitutional; it was a political act, and such an act cannot be both constitutional and revolutionary; the terms are mutually exclusive. So long as American opposition to alleged grievances was constitutional it was in no sense revolutionary. The moment it became revolutionary it ceased to be constitutional. When was that moment reached? The Problem The Precedents The Realm and the Dominions The Precedents Natural and Fundamental Law Taxation and Virtual Representation The Charters

Justifying Revolution

Author : Glenn A. Moots
Publisher : University of Oklahoma Press
ISBN 13 : 0806161337
Total Pages : 521 pages
Book Rating : 4.8/5 (61 download)

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Book Synopsis Justifying Revolution by : Glenn A. Moots

Download or read book Justifying Revolution written by Glenn A. Moots and published by University of Oklahoma Press. This book was released on 2018-06-14 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: The American imagination still exalts the Founders as the prime movers of the Revolution, and the War of Independence has become the stuff of legend. But America is not simply the invention of great men or the outcome of an inevitable political or social movement. The nation was the result of a hard, bloody, and destructive war. Justifying Revolution explores how the American Revolution’s opposing sides wrestled with thorny moral and legal questions. How could revolutionaries justify provoking a civil war, how should their opponents subdue the uprising, and how did military commanders restrain the ensuing violence? Drawing from a variety of disciplines and specialties, the authors assembled here examine the Revolutionary War in terms of just war theory: jus ad bellum, jus in bello, and jus post bellum—right or justice in going to, conducting, and concluding war. The chapters situate the Revolution in the context of early modern international relations, moral philosophy, military ethics, jurisprudence, and theology. The authors invite readers to reconsider the war with an eye to the justice and legality of entering armed conflict; the choices made by officers and soldiers in combat; and attempts to arrive at defensible terms of peace. Together, the contributions form the first sustained exploration of Americans’ and Britons’ use of just war theory as they battled over American independence. Justifying Revolution raises important questions about the political, legal, military, religious, philosophical, and diplomatic ramifications of eighteenth-century warfare—questions essential for understanding America’s origins.

Constitutional History of the American Revolution V. 4; Authority of Law

Author : John Phillip Reid
Publisher : Univ of Wisconsin Press
ISBN 13 : 9780299139841
Total Pages : 292 pages
Book Rating : 4.1/5 (398 download)

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Book Synopsis Constitutional History of the American Revolution V. 4; Authority of Law by : John Phillip Reid

Download or read book Constitutional History of the American Revolution V. 4; Authority of Law written by John Phillip Reid and published by Univ of Wisconsin Press. This book was released on 2003-03 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work addresses the central constitutional issues that divided the American colonists from their English legislators: the authority to tax, the authority to legislate, the security of rights, the nature of law, and the foundation of constitutional government in custom and contractarian theory.

Revolutionary War Law and Lawyers

Author : Thomas J Shaw Esq
Publisher :
ISBN 13 : 9781688873421
Total Pages : 588 pages
Book Rating : 4.8/5 (734 download)

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Book Synopsis Revolutionary War Law and Lawyers by : Thomas J Shaw Esq

Download or read book Revolutionary War Law and Lawyers written by Thomas J Shaw Esq and published by . This book was released on 2019-09 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: The American Revolutionary War was the first "legal" war, where two nations with firm commitments to a common legal tradition faced off. Two hundred legal issues are identified from this time of war, from the supremacy of imperial law, taxation without representation, general writs of assistance, and founding new governments, to searching for gunpowder, defining allegiances, holding military officers to account, and establishing prize courts. For each legal issue identified, the relevant statutes passed or military orders given and the cases tried are discussed. Some trials are well known, other are not, while others simply have been forgotten but all are tied together here to create a legal overview of this conflict. The legal personalities behind the issues, laws, and cases are also presented. Exactly 274 lawyers and judges from the principal countries in this conflict, primarily America and Britain, are brought to life. Some were famous as current or future national leaders, others were relatively unknown then and now, and some gave their lives in service, often at a young age. These people, of differing nationalities, cultures, training, and roles, present a compelling human backdrop to understanding the legal story of the war.In addition to presenting the story behind these legal issues from across the globe, the book provides practical assistance by looking to the commonality of many issues across the major global wars with American involvement. Some of the issues presented and precedents set are useful in understanding and resolving current and future conflicts. This book has something for all types of readers: lawyers, judges, law students, fans of history or the history of war, and the general reader.