Common Law History And Democracy In America 1790 1900

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

Kunal M. Parker
Common Law History and Democracy in America 1790 1900 Book PDF

Author : Kunal M. Parker
Publisher : Cambridge University Press
Page : 319 pages
File Size : 43,8 Mb
Release : 2011-03-14
Category : History
ISBN : 9781139496360

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Common Law, History, and Democracy in America, 1790–1900 by Kunal M. Parker Pdf

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.

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

Kunal M. Parker
Common Law History and Democracy in America 1790 1900 Book PDF

Author : Kunal M. Parker
Publisher : Cambridge University Press
Page : 318 pages
File Size : 47,8 Mb
Release : 2011-03-14
Category : History
ISBN : 0521519950

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Common Law, History, and Democracy in America, 1790-1900 by Kunal M. Parker Pdf

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.

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

Kunal Madhukar Parker
Common Law History and Democracy in America 1790 1900 Book PDF

Author : Kunal Madhukar Parker
Publisher : Unknown
Page : 319 pages
File Size : 48,8 Mb
Release : 2014-05-14
Category : Common law
ISBN : 0511993269

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Common Law, History, and Democracy in America, 1790-1900 by Kunal Madhukar Parker Pdf

This book argues for a change in our understanding of how nineteenth-century Americans conceived the relationships among law, politics and history.

The Oxford Handbook of Legal History

Markus D. Dubber,Christopher Tomlins
The Oxford Handbook of Legal History Book PDF

Author : Markus D. Dubber,Christopher Tomlins
Publisher : Oxford University Press
Page : 1152 pages
File Size : 43,5 Mb
Release : 2018-07-26
Category : Law
ISBN : 9780192513144

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The Oxford Handbook of Legal History by Markus D. Dubber,Christopher Tomlins Pdf

Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.

A Companion to American Legal History

Sally E. Hadden,Alfred L. Brophy
A Companion to American Legal History Book PDF

Author : Sally E. Hadden,Alfred L. Brophy
Publisher : John Wiley & Sons
Page : 598 pages
File Size : 48,7 Mb
Release : 2013-02-22
Category : Law
ISBN : 9781118533765

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A Companion to American Legal History by Sally E. Hadden,Alfred L. Brophy Pdf

A Companion to American Legal History presents a compilation of the most recent writings from leading scholars on American legal history from the colonial era through the late twentieth century. Presents up-to-date research describing the key debates in American legal history Reflects the current state of American legal history research and points readers in the direction of future research Represents an ideal companion for graduate and law students seeking an introduction to the field, the key questions, and future research ideas

Frontier Democracy

Silvana R. Siddali
Frontier Democracy Book PDF

Author : Silvana R. Siddali
Publisher : Cambridge University Press
Page : 409 pages
File Size : 54,5 Mb
Release : 2016
Category : History
ISBN : 9781107090767

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Frontier Democracy by Silvana R. Siddali Pdf

Frontier Democracy examines the debates over state constitutions in the antebellum Northwest (Indiana, Illinois, Iowa, Michigan, Minnesota, Ohio, and Wisconsin) from the 1820s through the 1850s. This is a book about conversations: in particular, the fights and negotiations over the core ideals in the constitutions that brought these frontier communities to life. Silvana R. Siddali argues that the Northwestern debates over representation and citizenship reveal two profound commitments: the first to fair deliberation, and the second to ethical principles based on republicanism, Christianity, and science. Some of these ideas succeeded brilliantly: within forty years, the region became an economic and demographic success story. However, some failed tragically: racial hatred prevailed everywhere in the region, in spite of reformers' passionate arguments for justice, and resulted in disfranchisement and even exclusion for non-white Northwesterners that lasted for generations.

Thomas Jefferson, Legal History, and the Art of Recollection

Matthew Crow
Thomas Jefferson Legal History and the Art of Recollection Book PDF

Author : Matthew Crow
Publisher : Cambridge University Press
Page : 295 pages
File Size : 52,5 Mb
Release : 2017-03-17
Category : History
ISBN : 9781107161931

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Thomas Jefferson, Legal History, and the Art of Recollection by Matthew Crow Pdf

Through his discussion of Thomas Jefferson, historian Matthew Crow offers a new perspective on constitutional transformation in early American history.

Warring for America

Nicole Eustace,Fredrika J. Teute
Warring for America Book PDF

Author : Nicole Eustace,Fredrika J. Teute
Publisher : UNC Press Books
Page : 513 pages
File Size : 54,7 Mb
Release : 2017-08-08
Category : History
ISBN : 9781469631769

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Warring for America by Nicole Eustace,Fredrika J. Teute Pdf

The War of 1812 was one of a cluster of events that left unsettled what is often referred to as the Revolutionary settlement. At once postcolonial and neoimperial, the America of 1812 was still in need of definition. As the imminence of war intensified the political, economic, and social tensions endemic to the new nation, Americans of all kinds fought for country on the battleground of culture. The War of 1812 increased interest in the American democratic project and elicited calls for national unity, yet the essays collected in this volume suggest that the United States did not emerge from war in 1815 having resolved the Revolution's fundamental challenges or achieved a stable national identity. The cultural rifts of the early republican period remained vast and unbridged. Contributors: Brian Connolly, University of South Florida Anna Mae Duane, University of Connecticut Duncan Faherty, Queens College, CUNY James M. Greene, Pittsburg State University Matthew Rainbow Hale, Goucher College Jonathan Hancock, Hendrix College Tim Lanzendoerfer, University of Mainz Karen Marrero, Wayne State University Nathaniel Millett, St. Louis University Christen Mucher, Smith College Dawn Peterson, Emory University Carroll Smith-Rosenberg, University of Michigan David Waldstreicher, The Graduate Center, CUNY Eric Wertheimer, Arizona State University

American Conservatism

Sanford V. Levinson,Melissa S. Williams,Joel Parker
American Conservatism Book PDF

Author : Sanford V. Levinson,Melissa S. Williams,Joel Parker
Publisher : NYU Press
Page : 448 pages
File Size : 54,5 Mb
Release : 2016-05-17
Category : Political Science
ISBN : 9781479865185

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American Conservatism by Sanford V. Levinson,Melissa S. Williams,Joel Parker Pdf

The topic of American conservatism is especially timely—and perhaps volatile. Is there what might be termed an “exceptional” form of conservatism that is characteristically American, in contrast to conservatisms found in other countries? Are views that are identified in the United States as conservative necessarily congruent with what political theorists might classify under that label? Or does much American conservatism almost necessarily reflect the distinctly liberal background of American political thought? In American Conservatism, a distinguished group of American political and legal scholars reflect on these crucial questions, unpacking the very nature and development of American conservative thought. They examine both the historical and contemporary realities of arguments offered by self-conscious conservatives in the United States, offering a well-rounded view of the state of this field. In addition to synoptic overviews of the various dimensions of American conservative thought, specific attention is paid to such topics as American constitutionalism, the role of religion and religious institutions, and the particular impact of the late Leo Strauss on American thought and thinkers. Just as American conservatism includes a wide, and sometimes conflicting, group of thinkers, the essays in this volume themselves reflect differing and sometimes controversial assessments of the theorists under discussion.

Antonin Scalia and American Constitutionalism

Edward A. Purcell, Jr.
Antonin Scalia and American Constitutionalism Book PDF

Author : Edward A. Purcell, Jr.
Publisher : Oxford University Press
Page : 288 pages
File Size : 48,5 Mb
Release : 2020-05-07
Category : Law
ISBN : 9780197508770

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Antonin Scalia and American Constitutionalism by Edward A. Purcell, Jr. Pdf

Antonin Scalia and American Constitutionalism is an in-depth study of Justice Antonin Scalia's jurisprudence, his work on the Supreme Court, and his significance in the history of American constitutionalism. After tracing Scalia's rise to Associate Justice and his subsequent emergence as a hero of the Republican Party and the political right, this book reviews and criticizes his general jurisprudential theory, arguing that he failed to produce either the objective method he claimed or the correct constitutional results he promised. Focusing on his judicial performance over his thirty years on the Court, it examines his decisions and opinions on virtually all of the constitutional issues he addressed from the fundamentals of structure (federalism, separation of powers, and the Article III judicial power) to specific interpretations of most major constitutional provisions involving governmental powers and the rights of individuals under the Bill of Rights and the Fourteenth Amendment. This book argues that Scalia applied his jurisprudential theories in inconsistent and contradictory ways and often ignored, distorted, or abandoned the interpretive methods he proclaimed to reach the results he sought, results that were aligned with and supported by the post-Reagan Republican coalition. Scalia was far more consistent in enforcing such ideologically compatible results than he was in following his proclaimed jurisprudential theories. Finally, assessing Scalia's historical significance, Antonin Scalia and American Constitutionalism argues that his jurisprudence and career are particularly illuminating because they exemplify--contrary to his persistent claims--three paramount characteristics of American constitutionalism: the inherent inadequacy of originalism and other formal interpretive methodologies to produce consistent and correct answers to controverted constitutional questions; the close relationship that exists, particularly so in Scalia's case, between constitutional theories and interpretations on one hand and substantive political goals and values on the other; and the unavoidably living nature of American constitutionalism itself. All in all, Scalia stands as a towering figure of irony because his judicial career deconstructed the central claims of his own jurisprudence.

The Turn to Process

Kunal M. Parker
The Turn to Process Book PDF

Author : Kunal M. Parker
Publisher : Cambridge University Press
Page : 339 pages
File Size : 48,8 Mb
Release : 2023-10-31
Category : History
ISBN : 9781009335225

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The Turn to Process by Kunal M. Parker Pdf

Explores the massive reorientation of American legal, political, and economic thinking from truths to methods between 1870 and 1970.

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

Julie Rocheton
The Genesis of Nineteenth Century Civil Codes in the United States Book PDF

Author : Julie Rocheton
Publisher : BRILL
Page : 290 pages
File Size : 52,7 Mb
Release : 2024-03-04
Category : Law
ISBN : 9789004689978

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The Genesis of Nineteenth-Century Civil Codes in the United States by Julie Rocheton Pdf

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

What Is Classical Liberal History?

Michael J. Douma,Phillip W. Magness
What Is Classical Liberal History Book PDF

Author : Michael J. Douma,Phillip W. Magness
Publisher : Lexington Books
Page : 269 pages
File Size : 51,8 Mb
Release : 2017-12-21
Category : History
ISBN : 9781498536110

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What Is Classical Liberal History? by Michael J. Douma,Phillip W. Magness Pdf

Historians working in the classical liberal tradition believe that individual decision-making and individual rights matter in the making of history. History written in the classical liberal tradition emerged largely in the nineteenth century, when the field of history was first professionalized in Europe and the Americas. Professional historical research was then imbued with liberal values, which included rigorous attention to the sources, historicist suspicion of an ultimate mover, an honest and dispassionate rational outlook, and humility towards what could be known. Above all, liberals wanted to chart the history of liberty, warn against threats to liberty, and defend it in an evolving political world. They believed history was real, and that it had lessons to teach, but that these lessons could not provide sufficient knowledge to predict the future or reorganize society around a central plan. This book demonstrates how the classical liberal tradition in historical writing persists to this day, but how it is often neglected and due for renewal. The book contrasts the classical liberal view on history with conservative, progressive, Marxist, and post-modern views. Each of the eleven chapters address a different historical topic, from the development of classical liberalism in nineteenth century America to the the history of civil liberties and civil rights that stemmed from this tradition. Authors give particular attention to the importance of social and economic analysis. Each contributor was chosen as an expert in their field to provide a historiographical overview of their subject, and to explain what the classical liberal contribution to this historiography has been and should be. Authors then provide guidance towards possible tools of analysis and related research topics that future historians working in the classical liberal tradition could take up. The authors wish to call upon other historians to recognize the important contributions to historical understanding that have come and can be provided by the insights of classical liberalism.

The Common Law Inside the Female Body

Anita Bernstein
The Common Law Inside the Female Body Book PDF

Author : Anita Bernstein
Publisher : Cambridge University Press
Page : 275 pages
File Size : 40,8 Mb
Release : 2019
Category : Law
ISBN : 9781107177819

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The Common Law Inside the Female Body by Anita Bernstein Pdf

Explains why lawyers seeking gender progress from primary legal materials should start with the common law.

Rhythm

Conor Heaney
Rhythm Book PDF

Author : Conor Heaney
Publisher : Taylor & Francis
Page : 123 pages
File Size : 47,7 Mb
Release : 2022-10-25
Category : Law
ISBN : 9781000804027

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Rhythm by Conor Heaney Pdf

This book analyses the conceptual and concrete relationships between rhythm and law. Rhythm is the unfolding of ordered and regulated movement. Law operates through the ordering and regulation of movement. Adopting a ‘rhythmanalytical’ perspective – which treats natural and social phenomena in terms of their rhythms, repetitions, motions, and movements – this book offers an account of how legal institutions and practices can be theorised and explained in terms of rhythm. It demonstrates how the category of rhythm has jurisprudential significance, from how Plato envisaged the functioning of the city-state, to the operation of the common law, as well as in our relationship to contemporary digital technology. In music, rhythm ‘orders’ the movement of sound, binding together the motions and vibrations of sound in such a way that is neither pure noise nor pure mechanics. In this way, rhythm can be deployed as a concept in the analysis of one of the central purposes of legal institutions and practices: to order the movements of bodies, whether the bodies of citizens in everyday life or of prisoners in rituals of punishment. This book engages with the mutual intersections and points of illumination between rhythm and law, such as ritual, measure, order, and change. This book is an experimental rhythmanalysis of law, offering conceptual and methodological starting points, as well as proposing directions that could be deployed in future research. It is aimed primarily at legal scholars intrigued by rhythmanalysis and rhythmanalysts more generally. This book will also be of interest to those in the fields of philosophy, political and legal theory, sociology, and other social sciences.