The Genesis Of Nineteenth Century Civil Codes In The United States

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Roman and Civil Law and the Development of Anglo-American Jurisprudence in the Nineteenth Century

Author : Michael H. Hoeflich
Publisher : University of Georgia Press
ISBN 13 : 0820318396
Total Pages : 221 pages
Book Rating : 4.8/5 (23 download)

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Book Synopsis Roman and Civil Law and the Development of Anglo-American Jurisprudence in the Nineteenth Century by : Michael H. Hoeflich

Download or read book Roman and Civil Law and the Development of Anglo-American Jurisprudence in the Nineteenth Century written by Michael H. Hoeflich and published by University of Georgia Press. This book was released on 1997 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Genesis of Nineteenth-Century Civil Codes in the United States

Author : Julie Rocheton
Publisher : BRILL
ISBN 13 : 9004689974
Total Pages : 290 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis The Genesis of Nineteenth-Century Civil Codes in the United States by : Julie Rocheton

Download or read book The Genesis of Nineteenth-Century Civil Codes in the United States written by Julie Rocheton and published by BRILL. This book was released on 2024-03-04 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Law and the Conditions of Freedom in the Nineteenth-century United States

Author : James Willard Hurst
Publisher : Univ of Wisconsin Press
ISBN 13 : 9780299013639
Total Pages : 156 pages
Book Rating : 4.0/5 (136 download)

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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.

The People’s Welfare

Author : William J. Novak
Publisher : Univ of North Carolina Press
ISBN 13 : 0807863653
Total Pages : 409 pages
Book Rating : 4.8/5 (78 download)

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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.

The Democratic Experiment

Author : Meg Jacobs
Publisher : Princeton University Press
ISBN 13 : 1400825822
Total Pages : 441 pages
Book Rating : 4.4/5 (8 download)

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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 441 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.

Law's History

Author : David M. Rabban
Publisher : Cambridge University Press
ISBN 13 : 0521761913
Total Pages : 585 pages
Book Rating : 4.5/5 (217 download)

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Book Synopsis Law's History by : David M. Rabban

Download or read book Law's History written by David M. Rabban and published by Cambridge University Press. This book was released on 2013 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Crow Dog's Case

Author : Sidney L. Harring
Publisher : Cambridge University Press
ISBN 13 : 9780521467155
Total Pages : 322 pages
Book Rating : 4.4/5 (671 download)

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Book Synopsis Crow Dog's Case by : Sidney L. Harring

Download or read book Crow Dog's Case written by Sidney L. Harring and published by Cambridge University Press. This book was released on 1994-02-25 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Equity in the Civil Law Tradition

Author : Renato Beneduzi
Publisher : Springer Nature
ISBN 13 : 3030780678
Total Pages : 180 pages
Book Rating : 4.0/5 (37 download)

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Book Synopsis Equity in the Civil Law Tradition by : Renato Beneduzi

Download or read book Equity in the Civil Law Tradition written by Renato Beneduzi and published by Springer Nature. This book was released on 2021-07-01 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a book on “equity in the civil law tradition” from the double perspective of legal history and comparative law. It is intended not only for civil lawyers who want to better understand the role and history of equity in their own legal tradition, but also – and perhaps more saliently – for common lawyers who are curious about why the history of equity has unfolded so differently on the continent of Europe and in Latin America. The author begins with the investigation of the philosophical foundations of the Western notion of equity in the teachings of Plato and Aristotle and of how their ideas affected the works of the great Attic orators (chapter 2). He then addresses the way in which Roman law turned this notion into a legal concept of considerable practical importance (chapter 3) and how it survived the fall of Rome and was later elaborated in the Middle Ages by civilists and canonists (chapter 4). Subsequently, the author analyses how the notion of equity was dealt with in the Modern Era by legal humanists, Protestant and Catholic theologians, scholars of the usus modernus pandectarum and of Roman-Dutch law, and then by legal rationalism and the philosophers of the Enlightenment (chapter 5). He then deals with the history of equity on the continent since the fragmentation of the ius commune and the codifications of the nineteenth century and with its reception in Latin America (chapter 6). Finally, the author offers some closing remarks on the fundamental equivocalness (or relativity, as some scholars put it) of the notion of equity in the civil law tradition today (conclusion).

Reconstructing the Household

Author : Peter W. Bardaglio
Publisher : Univ of North Carolina Press
ISBN 13 : 0807860212
Total Pages : 378 pages
Book Rating : 4.8/5 (78 download)

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Book Synopsis Reconstructing the Household by : Peter W. Bardaglio

Download or read book Reconstructing the Household written by Peter W. Bardaglio and published by Univ of North Carolina Press. This book was released on 2000-11-09 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Reconstructing the Household, Peter Bardaglio examines the connections between race, gender, sexuality, and the law in the nineteenth-century South. He focuses on miscegenation, rape, incest, child custody, and adoption laws to show how southerners struggled with the conflicts and stresses that surfaced within their own households and in the larger society during the Civil War era. Based on literary as well as legal sources, Bardaglio's analysis reveals how legal contests involving African Americans, women, children, and the poor led to a rethinking of families, sexuality, and the social order. Before the Civil War, a distinctive variation of republicanism, based primarily on hierarchy and dependence, characterized southern domestic relations. This organic ideal of the household and its power structure differed significantly from domestic law in the North, which tended to emphasize individual rights and contractual obligations. The defeat of the Confederacy, emancipation, and economic change transformed family law and the governance of sexuality in the South and allowed an unprecedented intrusion of the state into private life. But Bardaglio argues that despite these profound social changes, a preoccupation with traditional notions of gender and race continued to shape southern legal attitudes.

Politics of Codification

Author : Brian J. Young
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 9780773512351
Total Pages : 304 pages
Book Rating : 4.5/5 (123 download)

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Book Synopsis Politics of Codification by : Brian J. Young

Download or read book Politics of Codification written by Brian J. Young and published by McGill-Queen's Press - MQUP. This book was released on 1994 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this study of a pivotal event in the evolution of Quebec's legal culture, Brian Young shows that codification of the Civil law was an intensely political act as well as a legal phenomenon.

Law and the Borders of Belonging in the Long Nineteenth Century United States

Author : Barbara Young Welke
Publisher : Cambridge University Press
ISBN 13 : 9780521152259
Total Pages : 0 pages
Book Rating : 4.1/5 (522 download)

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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.

The Routledge History of Nineteenth-Century America

Author : Jonathan Daniel Wells
Publisher : Routledge
ISBN 13 : 131766549X
Total Pages : 741 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis The Routledge History of Nineteenth-Century America by : Jonathan Daniel Wells

Download or read book The Routledge History of Nineteenth-Century America written by Jonathan Daniel Wells and published by Routledge. This book was released on 2017-09-14 with total page 741 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge History of Nineteenth-Century America provides an important overview of the main themes within the study of the long nineteenth century. The book explores major currents of research over the past few decades to give an up-to-date synthesis of nineteenth-century history. It shows how the century defined much of our modern world, focusing on themes including: immigration, slavery and racism, women's rights, literature and culture, and urbanization. This collection reflects the state of the field and will be essential reading for all those interested in the development of the modern United States.

Mapping the Nation

Author : Susan Schulten
Publisher : University of Chicago Press
ISBN 13 : 0226740706
Total Pages : 260 pages
Book Rating : 4.2/5 (267 download)

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Book Synopsis Mapping the Nation by : Susan Schulten

Download or read book Mapping the Nation written by Susan Schulten and published by University of Chicago Press. This book was released on 2012-06-29 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A compelling read” that reveals how maps became informational tools charting everything from epidemics to slavery (Journal of American History). In the nineteenth century, Americans began to use maps in radically new ways. For the first time, medical men mapped diseases to understand and prevent epidemics, natural scientists mapped climate and rainfall to uncover weather patterns, educators mapped the past to foster national loyalty among students, and Northerners mapped slavery to assess the power of the South. After the Civil War, federal agencies embraced statistical and thematic mapping in order to profile the ethnic, racial, economic, moral, and physical attributes of a reunified nation. By the end of the century, Congress had authorized a national archive of maps, an explicit recognition that old maps were not relics to be discarded but unique records of the nation’s past. All of these experiments involved the realization that maps were not just illustrations of data, but visual tools that were uniquely equipped to convey complex ideas and information. In Mapping the Nation, Susan Schulten charts how maps of epidemic disease, slavery, census statistics, the environment, and the past demonstrated the analytical potential of cartography, and in the process transformed the very meaning of a map. Today, statistical and thematic maps are so ubiquitous that we take for granted that data will be arranged cartographically. Whether for urban planning, public health, marketing, or political strategy, maps have become everyday tools of social organization, governance, and economics. The world we inhabit—saturated with maps and graphic information—grew out of this sea change in spatial thought and representation in the nineteenth century, when Americans learned to see themselves and their nation in new dimensions.

The Transformation of American Law, 1780-1860

Author : Morton J. HORWITZ
Publisher : Harvard University Press
ISBN 13 : 0674038789
Total Pages : 378 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis The Transformation of American Law, 1780-1860 by : Morton J. HORWITZ

Download or read book The Transformation of American Law, 1780-1860 written by Morton J. HORWITZ and published by Harvard University Press. This book was released on 2009-06-30 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a remarkable book based on prodigious research, Morton J. Horwitz offers a sweeping overview of the emergence of a national (and modern) legal system from English and colonial antecedents. He treats the evolution of the common law as intellectual history and also demonstrates how the shifting views of private law became a dynamic element in the economic growth of the United States. Horwitz's subtle and sophisticated explanation of societal change begins with the common law, which was intended to provide justice for all. The great breakpoint came after 1790 when the law was slowly transformed to favor economic growth and development. The courts spurred economic competition instead of circumscribing it. This new instrumental law flourished as the legal profession and the mercantile elite forged a mutually beneficial alliance to gain wealth and power. The evolving law of the early republic interacted with political philosophy, Horwitz shows. The doctrine of laissez-faire, long considered the cloak for competition, is here seen as a shield for the newly rich. By the 1840s the overarching reach of the doctrine prevented further distribution of wealth and protected entrenched classes by disallowing the courts very much power to intervene in economic life. This searching interpretation, which connects law and the courts to the real world, will engage historians in a new debate. For to view the law as an engine of vast economic transformation is to challenge in a stunning way previous interpretations of the eras of revolution and reform.

Inventing American Exceptionalism

Author : Amalia D. Kessler
Publisher : Yale University Press
ISBN 13 : 0300198078
Total Pages : 462 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis Inventing American Exceptionalism by : Amalia D. Kessler

Download or read book Inventing American Exceptionalism written by Amalia D. Kessler and published by Yale University Press. This book was released on 2017-01-01 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cover -- Half-title -- Title -- Copyright -- Acknowledgments -- Introduction -- Chapter 1. The "Natural Elevation" of Equity: Quasi-Inquisitorial Procedure and the Early Nineteenth-Century Resurgence of Equity -- Chapter 2. A Troubled Inheritance: The English Procedural Tradition and Its Lawyer- Driven Reconfiguration in Early Nineteenth-Century New York -- Chapter 3. The Non-Revolutionary Field Code: Democratization, Docket Pressures, and Codification -- Chapter 4. Cultural Foundations of American Adversarialism: Civic Republicanism and the Decline of Equity's Quasi-Inquisitorial Tradition -- Chapter 5. Market Freedom and Adversarial Adjudication: The Nineteenth-Century American Debates over (European) Conciliation Courts and the Problem of Procedural Ordering -- Chapter 6. The Freedmen's Bureau Exception: The Triumph of Due (Adversarial) Process and the Dawn of Jim Crow -- Conclusion. The Question of American Exceptionalism and the Lessons of History -- Appendix. An Overview of the Archives -- Notes -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- Q -- R -- S -- T -- U -- V -- W -- Y -- Z

In Her Own Name

Author : Sara Chatfield
Publisher : Columbia University Press
ISBN 13 : 0231553234
Total Pages : 152 pages
Book Rating : 4.2/5 (315 download)

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Book Synopsis In Her Own Name by : Sara Chatfield

Download or read book In Her Own Name written by Sara Chatfield and published by Columbia University Press. This book was released on 2023-05-30 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: Co-Winner, 2024 V.O. Key Award, Southern Political Science Association Long before American women had the right to vote, states dramatically transformed their status as economic citizens. In the early nineteenth century, a married woman had hardly any legal existence apart from her husband. By the twentieth, state-level statutes, constitutional provisions, and court rulings had granted married women a host of protections relating to ownership and control of property. Why did powerful men extend these rights during a period when women had so little political sway? In Her Own Name explores the origins and consequences of laws guaranteeing married women’s property rights, focusing on the people and institutions that shaped them. Sara Chatfield demonstrates that the motives of male elites included personal interests, benefits to the larger economy, and bolstering state power. She shows that married women’s property rights could serve varied political goals across regions and eras, from temperance to debt relief to settlement of the West. State legislatures, constitutional conventions, and courts expanded these rights incrementally, and laws spread across the country without national-level coordination. Chatfield emphasizes that the reform of married women’s economic rights rested on exclusionary foundations, including protecting slavery and encouraging settler colonialism. Although some women benefited from property reforms, many others saw their rights stripped away by the same processes. Drawing on a mix of qualitative and quantitative evidence, In Her Own Name sheds new light on the place of women in the fitful democratization of the United States.

A Companion to 19th-Century America

Author : William Barney
Publisher : John Wiley & Sons
ISBN 13 : 0470998466
Total Pages : 432 pages
Book Rating : 4.4/5 (79 download)

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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.