Law And People In Colonial America

Author : Peter Charles Hoffer
Publisher : JHU Press
Page : 228 pages
File Size : 54,7 Mb
Release : 2019-11-05
Category : History
ISBN : 9781421434605

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Law and People in Colonial America by Peter Charles Hoffer Pdf

An essential, rigorous, and lively introduction to the beginnings of American law. How did American colonists transform British law into their own? What were the colonies' first legal institutions, and who served in them? And why did the early Americans develop a passion for litigation that continues to this day? In Law and People in Colonial America, Peter Charles Hoffer tells the story of early American law from its beginnings on the British mainland to its maturation during the crisis of the American Revolution. For the men and women of colonial America, Hoffer explains, law was a pervasive influence in everyday life. Because it was their law, the colonists continually adapted it to fit changing circumstances. They also developed a sense of legalism that influenced virtually all social, economic, and political relationships. This sense of intimacy with the law, Hoffer argues, assumed a transforming power in times of crisis. In the midst of a war for independence, American revolutionaries used their intimacy with the law to explain how their rebellion could be lawful, while legislators wrote republican constitutions that would endure for centuries. Today the role of law in American life is more pervasive than ever. And because our system of law involves a continuing dialogue between past and present, interpreting the meaning of precedent and of past legislation, the study of legal history is a vital part of every citizen's basic education. Taking advantage of rich new scholarship that goes beyond traditional approaches to view slavery as a fundamental cultural and social institution as well as an economic one, this second edition includes an extensive, entirely new chapter on colonial and revolutionary-era slave law. Law and People in Colonial America is a lively introduction to early American law. It makes for essential reading.

Author : William Edward Nelson
Publisher : Oxford University Press
Page : 225 pages
File Size : 49,8 Mb
Release : 2018
Category : Law
ISBN : 9780190850487

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The Common Law in Colonial America by William Edward Nelson Pdf

William E. Nelson here proposes a new beginning in the study of colonial legal history. Examining all archival legal material for the period 1607-1776 and synthesizing existing scholarship in a four-volume series, The Common Law in Colonial America shows how the legal systems of Britain's thirteen North American colonies--initially established in response to divergent political, economic, and religious initiatives--slowly converged into a common American legal order that differed substantially from English common law.

Author : Bradley Chapin
Publisher : University of Georgia Press
Page : 224 pages
File Size : 43,5 Mb
Release : 2010-06-01
Category : Law
ISBN : 9780820336916

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Criminal Justice in Colonial America, 1606-1660 by Bradley Chapin Pdf

This study analyzes the development of criminal law during the first several generations of American life. Its comparison of the substantive and procedural law among the colonies reveals the similarities and differences between the New England and the Chesapeake colonies. Bradley Chapin addresses the often-debated question of the “reception” of English law and makes estimates of the relative weight of the sources and methods of early American law. A main theme of his book is that colonial legislators and judges achieved a significant reform of the English criminal law at a time when a parallel movement in England failed. The analysis is made specific and concrete by statistics that show patterns of prosecutions and crime rates. In addition to the exciting and convincing theme of a “lost period” of great creativity in American criminal law, Chapin gives a wealth of detail on statutory and common-law rulings, noteworthy criminal cases, and judicial views of how the law was to be administered. He provides social and economic explanations of shifts and peculiarities in the law, using carefully arranged evidence from the records. His treatment of the Quaker cases in Massachusetts and the witchcraft prosecutions in New England throws new light on those frequently misunderstood episodes. Chapin's book will be of interest not only to scholars working in the field but also to anyone curious about early American legal history.

Author : William Edward Nelson
Publisher : Unknown
Page : 236 pages
File Size : 50,7 Mb
Release : 2012
Category : Law
ISBN : 9780199937752

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The Common Law in Colonial America by William Edward Nelson Pdf

William E. Nelson's first volume of the four-volume The Common Law of Colonial America (2008) established a new benchmark for study of colonial era legal history. Drawing from both a rich archival base and existing scholarship on the topic, the first volume demonstrated how the legal systems of Britain's thirteen North American colonies-each of which had unique economies, political structures, and religious institutions -slowly converged into a common law order that differed substantially from English common law. The first volume focused on how the legal systems of the Chesapeake colonies--Virginia and Maryland--contrasted with those of the New England colonies and traced these dissimilarities from the initial settlement of America until approximately 1660. In this new volume, Nelson brings the discussion forward, covering the years from 1660, which saw the Restoration of the British monarchy, to 1730. In particular, he analyzes the impact that an increasingly powerful British government had on the evolution of the common law in the New World. As the reach of the Crown extended, Britain imposed far more restrictions than before on the new colonies it had chartered in the Carolinas and the middle Atlantic region. The government's intent was to ensure that colonies' laws would align more tightly with British law. Nelson examines how the newfound coherence in British colonial policy led these new colonies to develop common law systems that corresponded more closely with one another, eliminating much of the variation that socio-economic differences had created in the earliest colonies. As this volume reveals, these trends in governance ultimately resulted in a tension between top-down pressures from Britain for a more uniform system of laws and bottom-up pressures from colonists to develop their own common law norms and preserve their own distinctive societies. Authoritative and deeply researched, the volumes in The Common Law of Colonial America will become the foundational resource for anyone interested the history of American law before the Revolution.

Author : Paul Samuel Reinsch
Publisher : Franklin Classics Trade Press
Page : 66 pages
File Size : 49,9 Mb
Release : 2018-10-17
Category : Electronic
ISBN : 0343633450

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English Common Law in the Early American Colonies by Paul Samuel Reinsch Pdf

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Author : William E. Nelson
Publisher : Oxford University Press
Page : 212 pages
File Size : 55,8 Mb
Release : 2008-08-05
Category : Law
ISBN : 9780199716715

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The Common Law in Colonial America by William E. Nelson Pdf

Drawing on groundbreaking and overwhelmingly extensive research into local court records, The Common Law in Colonial America proposes a "new beginning" in the study of colonial legal history, as it charts the course of the common law in Early America, to reveal how the models of law that emerged differed drastically from that of the English common law. In this first volume, Nelson explores how the law of the Chesapeake colonies--Virginia and Maryland--differed from the New England colonies--Massachusetts Bay, Connecticut, New Haven, Plymouth, and Rhode Island--and looks at the differences between the colonial legal systems within the two regions, from their initial settlement until approximately 1660.

Author : William E. Nelson
Publisher : Oxford University Press
Page : 240 pages
File Size : 44,9 Mb
Release : 2012-12-01
Category : Law
ISBN : 9780199937769

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The Common Law in Colonial America by William E. Nelson Pdf

William E. Nelson's first volume of the four-volume The Common Law of Colonial America (2008) established a new benchmark for study of colonial era legal history. Drawing from both a rich archival base and existing scholarship on the topic, the first volume demonstrated how the legal systems of Britain's thirteen North American colonies-each of which had unique economies, political structures, and religious institutions -slowly converged into a common law order that differed substantially from English common law. The first volume focused on how the legal systems of the Chesapeake colonies--Virginia and Maryland--contrasted with those of the New England colonies and traced these dissimilarities from the initial settlement of America until approximately 1660. In this new volume, Nelson brings the discussion forward, covering the years from 1660, which saw the Restoration of the British monarchy, to 1730. In particular, he analyzes the impact that an increasingly powerful British government had on the evolution of the common law in the New World. As the reach of the Crown extended, Britain imposed far more restrictions than before on the new colonies it had chartered in the Carolinas and the middle Atlantic region. The government's intent was to ensure that colonies' laws would align more tightly with British law. Nelson examines how the newfound coherence in British colonial policy led these new colonies to develop common law systems that corresponded more closely with one another, eliminating much of the variation that socio-economic differences had created in the earliest colonies. As this volume reveals, these trends in governance ultimately resulted in a tension between top-down pressures from Britain for a more uniform system of laws and bottom-up pressures from colonists to develop their own common law norms and preserve their own distinctive societies. Authoritative and deeply researched, the volumes in The Common Law of Colonial America will become the foundational resource for anyone interested the history of American law before the Revolution.

Author : Elizabeth Gaspar Brown
Publisher : William s Hein & Company
Page : 377 pages
File Size : 41,5 Mb
Release : 1964
Category : History
ISBN : 0899413218

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British Statutes in American Law, 1776-1836 by Elizabeth Gaspar Brown Pdf

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

Author : William Edward Nelson
Publisher : Oxford University Press
Page : 241 pages
File Size : 44,6 Mb
Release : 2016
Category : Law
ISBN : 9780190465056

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The Common Law in Colonial America by William Edward Nelson Pdf

This volume traces English efforts to govern the Chesapeake and New England colonies by imposing the common law. Although every colony received the common law by 1750, local interests retained significant power everywhere and used that power to preserve divergent, customary patterns of law that had arisen in the 17th century.

Author : Paul Samuel Reinsch
Publisher : Unknown
Page : 68 pages
File Size : 44,8 Mb
Release : 2008-06-01
Category : Law
ISBN : 1436835518

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English Common Law in the Early American Colonies (1899) by Paul Samuel Reinsch Pdf

This scarce antiquarian book is a facsimile reprint of the original. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment for protecting, preserving, and promoting the world's literature in affordable, high quality, modern editions that are true to the original work.

Author : Claire Priest
Publisher : Princeton University Press
Page : 248 pages
File Size : 53,5 Mb
Release : 2022-12-20
Category : Business & Economics
ISBN : 9780691241722

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Credit Nation by Claire Priest Pdf

How American colonists laid the foundations of American capitalism with an economy built on credit Even before the United States became a country, laws prioritizing access to credit set colonial America apart from the rest of the world. Credit Nation examines how the drive to expand credit shaped property laws and legal institutions in the colonial and founding eras of the republic. In this major new history of early America, Claire Priest describes how the British Parliament departed from the customary ways that English law protected land and inheritance, enacting laws for the colonies that privileged creditors by defining land and slaves as commodities available to satisfy debts. Colonial governments, in turn, created local legal institutions that enabled people to further leverage their assets to obtain credit. Priest shows how loans backed with slaves as property fueled slavery from the colonial era through the Civil War, and that increased access to credit was key to the explosive growth of capitalism in nineteenth-century America. Credit Nation presents a new vision of American economic history, one where credit markets and liquidity were prioritized from the outset, where property rights and slaves became commodities for creditors' claims, and where legal institutions played a critical role in the Stamp Act crisis and other political episodes of the founding period.

Author : George Athan Billias
Publisher : Unknown
Page : 208 pages
File Size : 50,8 Mb
Release : 1970
Category : Law
ISBN : 0486221679

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Law and Authority in Colonial America by George Athan Billias Pdf

Author : Lievin Kambamba Mboma
Publisher : Unknown
Page : 196 pages
File Size : 46,9 Mb
Release : 2021-06-21
Category : History
ISBN : 0998971693

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Pilgrims and Puritans in Colonial America: Regulatory Laws in the New England Colonies, 1630-1686 by Lievin Kambamba Mboma Pdf

PILGRIMS AND PURITANS IN COLONIAL AMERICA: Regulatory Laws in the New England Colonies, 1630-1686, gives an account of the regulatory laws promulgated in the New England colonies by the general courts for the organization of schools, price control, military training, employment, and wage control. In addition, this book recounts the duties of lawmakers and the methods utilized for the promulgation of these many laws. Examples of these include examinations of colonial laws such as the Massachusetts Body of Liberties, the Connecticut Code of 1650, and the Rhode Island code law of 1663. Furthermore, this work investigates the demographic history of the founders of the New England colonies like John Winthrop, John Cotton, Roger Williams, Rev. John White, Roger Ludlow, Thomas Hooker, John Haynes, Rev. John Davenport, and Theophilus Eaton. The data regarding the founders of New England is significant because it correlates with the laws they enacted for the regulation of the economy, religions, courts, employment, and schools. Moreover, data pertaining to New England colonists reveal pertinent information on their governing styles, as well as the maintenance of law and order. In this book, the academic institutions that the colonists attended in England and Scotland are attentively examined. Historically, many New England colonists were alumni from Cambridge and Oxford. With those academic degrees, they established civilized colonies in accordance with Christian values they acquired from universities in England. This largely shared culture has been subsequently observed by Anglo-Americans. As noted previously, the book also discusses the discovery missions conducted by English subjects in North America. The work of explorers such as Captain John Smith, Sebastian Cabot, and his children is pieced together. In a like manner, the impacts made by English explorers such as Sir Francis Drake, Sir John Hawkins, and Plymouth and Bristol merchants are noted. This work also points out the contributions made by the crowns of England for the completion of discovery missions in the same region. The impacts made by King Henry VII, King Henry VIII, Queen Elizabeth, King Edward VI, King James I, and King Charles I were investigated. Equally, the formation of the Plymouth Company and the Council for New England, which served as catalysts for the founding of the New England colonies, are analyzed. Similarly, the incorporation of the same organizations is elucidated. The Council of New England was a body that had the legal power to sell land to the architects of the planting of colonies in New England. The movement enacted by the colonists in Massachusetts Bay and New Plymouth for Connecticut is thoroughly explained, as is the planting of colonies in Rhode Island by the inhabitants banished from Massachusetts Bay. The foundation of New Haven Colony by Rev. John Davenport and Theophilus Eaton is briefly explored. The migrations of inhabitants of Massachusetts Bay and Connecticut inhabitants to Long Island are discussed. Finally, school regulations in the New England colonies are saliently examined. The establishment of domestic, dame, elementary, grammar, and private schools is detailed in this work. The schools in the colonies followed the same model as the English schools. The contributions of monks and religious leaders in the building of schools in England are stated. Additionally, the book explores the history of Harvard University, pointing out the duties of the overseers of the college, the corporation of the institution, and the assistance of poor scholars. Moreover, the judiciary jurisdiction of Harvard College is briefly detailed.

Author : Robert M. Reed
Publisher : Schiffer Publishing
Page : 0 pages
File Size : 55,7 Mb
Release : 2011
Category : History
ISBN : 0764337807

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Colonial Law in America by Robert M. Reed Pdf

Forty lashes for committing adultery? Children taken from their parents for being unruly? Loss of an ear - or even your life -- for stealing? These were the harsh punishments doled out for such crimes in Colonial America during the seventeenth and eighteenth centuries. Learn what happened to horse thieves and Sabbath breakers or people engaging in idleness in the thirteen original colonies. Accompanied by 30 postcard images, more than twenty-five "crimes" are covered in this view of law and justice in the 1600s and 1700s. It'll make you appreciate that you live in the twenty-first century.

Author : William E. Nelson
Publisher : Oxford University Press, USA
Page : 216 pages
File Size : 42,6 Mb
Release : 2008-08-05
Category : History
ISBN : 0195327284

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The Common Law in Colonial America:Volume I: The Chesapeake and New England 1607-1660 by William E. Nelson Pdf

William E. Nelson here proposes a new beginning in the study of colonial legal history. Examining all archival legal material for the period 1607-1776 and synthesizing existing scholarship in a four-volume series, The Common Law in Colonial America shows how the legal systems of Britain's thirteen North American colonies--initially established in response to divergent political, economic, and religious initiatives--slowly converged into a common American legal order that differed substantially from English common law.Drawing on groundbreaking and overwhelmingly in-depth research into local court records and statutes, the first volume explores how the law of the Chesapeake colonies--Virginia and Maryland--diverged sharply from the New England colonies--Massachusetts Bay, Connecticut, New Haven, Plymouth, and Rhode Island--and traces the roots of these dissimilarities from their initial settlement until approximately 1660. Nelson pointedly examines the disparate motives of the legal systems in the respective colonies as they dealt with religion, price and labor regulations, crimes, public morals, the status of women, and the enforcement of contractual obligations. He reveals how Virginians' zeal for profit led to a harsh legal framework that efficiently squeezed payment out of debtors and labor out of servants; whereas the laws of Massachusetts were primarily concerned with the preservation of local autonomy and the moral values of family-centered farming communities. The law in the other New England colonies, Nelson argues, gravitated towards the Massachusetts model, while Maryland's law, gravitated toward that of Virginia.Comprehensive, authoritative, and extensively researched, The Common Law in Colonial America, Volume 1: The Chesapeake and New England, 1607-1660 is the definitive resource on the beginnings of the common law and its evolution during this vibrant era in America's history. William E. Nelson here proposes a new beginning in the study of colonial legal history.