Law And The Borders Of Belonging In The Long Nineteenth Century United States

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

Barbara Young Welke

Author : Barbara Young Welke
Publisher : Cambridge University Press
Page : 0 pages
File Size : 40,8 Mb
Release : 2010-03-08
Category : History
ISBN : 0521152259

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Law and the Borders of Belonging in the Long Nineteenth Century United States by Barbara Young Welke Pdf

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 Oxford Handbook of Legal History

Markus D. Dubber,Christopher Tomlins

Author : Markus D. Dubber,Christopher Tomlins
Publisher : Oxford University Press
Page : 1152 pages
File Size : 46,8 Mb
Release : 2018-08-02
Category : Law
ISBN : 9780192513137

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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.

Spaces of Law in American Foreign Relations

Daniel S. Margolies

Author : Daniel S. Margolies
Publisher : University of Georgia Press
Page : 442 pages
File Size : 47,7 Mb
Release : 2011-06-01
Category : Law
ISBN : 9780820339528

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Spaces of Law in American Foreign Relations by Daniel S. Margolies Pdf

In the late nineteenth century the United States oversaw a great increase in extraterritorial claims, boundary disputes, extradition controversies, and transborder abduction and interdiction. In this sweeping history of the underpinnings of American empire, Daniel S. Margolies offers a new frame of analysis for historians to understand how novel assertions of legal spatiality and extraterritoriality were deployed in U.S. foreign relations during an era of increased national ambitions and global connectedness. Whether it was in the Mexican borderlands or in other hot spots around the globe, Margolies shows that American policy responded to disputes over jurisdiction by defining the space of law on the basis of a strident unilateralism. Especially significant and contested were extradition regimes and the exceptions carved within them. Extradition of fugitives reflected critical questions of sovereignty and the role of the state in foreign affair during the run-up to overseas empire in 1898. Using extradition as a critical lens, Spaces of Law in American Foreign Relations examines the rich embeddedness of questions of sovereignty, territoriality, legal spatiality, and citizenship and shows that U.S. hegemonic power was constructed in significant part in the spaces of law, not simply through war or trade.

The Routledge Research Companion to Law and Humanities in Nineteenth-Century America

Nan Goodman,Simon Stern

Author : Nan Goodman,Simon Stern
Publisher : Routledge
Page : 522 pages
File Size : 50,7 Mb
Release : 2017-05-12
Category : Literary Criticism
ISBN : 9781317042969

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The Routledge Research Companion to Law and Humanities in Nineteenth-Century America by Nan Goodman,Simon Stern Pdf

Nineteenth-century America witnessed some of the most important and fruitful areas of intersection between the law and humanities, as people began to realize that the law, formerly confined to courts and lawyers, might also find expression in a variety of ostensibly non-legal areas such as painting, poetry, fiction, and sculpture. Bringing together leading researchers from law schools and humanities departments, this Companion touches on regulatory, statutory, and common law in nineteenth-century America and encompasses judges, lawyers, legislators, litigants, and the institutions they inhabited (courts, firms, prisons). It will serve as a reference for specific information on a variety of law- and humanities-related topics as well as a guide to understanding how the two disciplines developed in tandem in the long nineteenth century.

A Nation Without Borders

Steven Hahn

Author : Steven Hahn
Publisher : Penguin
Page : 608 pages
File Size : 41,6 Mb
Release : 2016-11-01
Category : History
ISBN : 9780735221208

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A Nation Without Borders by Steven Hahn Pdf

A Pulitzer Prize–winning historian’s "breathtakingly original" (Junot Diaz) reinterpretation of the eight decades surrounding the Civil War. "Capatious [and] buzzing with ideas." --The Boston Globe Volume 3 in the Penguin History of the United States, edited by Eric Foner In this ambitious story of American imperial conquest and capitalist development, Pulitzer Prize–winning historian Steven Hahn takes on the conventional histories of the nineteenth century and offers a perspective that promises to be as enduring as it is controversial. It begins and ends in Mexico and, throughout, is internationalist in orientation. It challenges the political narrative of “sectionalism,” emphasizing the national footing of slavery and the struggle between the northeast and Mississippi Valley for continental supremacy. It places the Civil War in the context of many domestic rebellions against state authority, including those of Native Americans. It fully incorporates the trans-Mississippi west, suggesting the importance of the Pacific to the imperial vision of political leaders and of the west as a proving ground for later imperial projects overseas. It reconfigures the history of capitalism, insisting on the centrality of state formation and slave emancipation to its consolidation. And it identifies a sweeping era of “reconstructions” in the late-nineteenth and early twentieth centuries that simultaneously laid the foundations for corporate liberalism and social democracy. The era from 1830 to 1910 witnessed massive transformations in how people lived, worked, thought about themselves, and struggled to thrive. It also witnessed the birth of economic and political institutions that still shape our world. From an agricultural society with a weak central government, the United States became an urban and industrial society in which government assumed a greater and greater role in the framing of social and economic life. As the book ends, the United States, now a global economic and political power, encounters massive warfare between imperial powers in Europe and a massive revolution on its southern border―the remarkable Mexican Revolution―which together brought the nineteenth century to a close while marking the important themes of the twentieth.

Revolutions and Reconstructions

Van Gosse,David Waldstreicher

Author : Van Gosse,David Waldstreicher
Publisher : University of Pennsylvania Press
Page : 320 pages
File Size : 54,6 Mb
Release : 2020-08-28
Category : History
ISBN : 9780812297225

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Revolutions and Reconstructions by Van Gosse,David Waldstreicher Pdf

Revolutions and Reconstructions gathers historians of the early republic, the Civil War era, and African American and political history to consider not whether black people participated in the politics of the nineteenth century but how, when, and with what lasting effects. Collectively, its authors insist that historians go beyond questioning how revolutionary the American Revolution was, or whether Reconstruction failed, and focus, instead, on how political change initiated by African Americans and their allies constituted the rule in nineteenth-century American politics, not occasional and cataclysmic exceptions. The essays in this groundbreaking collection cover the full range of political activity by black northerners after the Revolution, from cultural politics to widespread voting, within a political system shaped by the rising power of slaveholders. Conceptualizing a new black politics, contributors observe, requires reorienting American politics away from black/white and North/South polarities and toward a new focus on migration and local or state structures. Other essays focus on the middle decades of the nineteenth century and demonstrate that free black politics, not merely the politics of slavery, was a disruptive and consequential force in American political development. From the perspective of the contributors to this volume, formal black politics did not begin in 1865, or with agitation by abolitionists like Frederick Douglass in the 1840s, but rather in the Revolutionary era's antislavery and citizenship activism. As these essays show, revolution, emancipation, and Reconstruction are not separate eras in U.S. history, but rather linked and ongoing processes that began in the 1770s and continued through the nineteenth century. Contributors: Christopher James Bonner, Kellie Carter Jackson, Andrew Diemer, Laura F. Edwards, Van Gosse, Sarah L. H. Gronningsater, M. Scott Heerman, Dale Kretz, Padraig Riley, Samantha Seeley, James M. Shinn Jr., David Waldstreicher.

Litigating Across the Color Line

Melissa Milewski,Melissa Lambert Milewski

Author : Melissa Milewski,Melissa Lambert Milewski
Publisher : Oxford University Press
Page : 361 pages
File Size : 52,6 Mb
Release : 2018
Category : History
ISBN : 9780190249182

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Litigating Across the Color Line by Melissa Milewski,Melissa Lambert Milewski Pdf

In a largely previously untold story, from 1865 to 1950, black litigants throughout the South took on white southerners in civil suits. Drawing on almost a thousand cases, Milewski shows how African Americans negotiated the southern legal system and won suits against whites after the Civil War and before the Civil Rights struggle

Beyond Gender Binaries

Cindy L. Griffin

Author : Cindy L. Griffin
Publisher : Univ of California Press
Page : 320 pages
File Size : 43,5 Mb
Release : 2020-10-13
Category : Language Arts & Disciplines
ISBN : 9780520969698

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Beyond Gender Binaries by Cindy L. Griffin Pdf

Beyond Gender Binaries uses a feminist, intersectional, and invitational approach to understanding identities and how they relate to communication. Taking readers outside the familiar binary constructions of gender and identity, Cindy L. Griffin addresses—through a feminist intersectional lens—communication, identity, power and privilege, personhood and citizenship, safety in public and private spaces, and hegemony and colonialism. Twelve chapters focus on critical learning through careful exploration of key terms and concepts. Griffin illustrates these with historical and contemporary examples and provides concrete guides to intersectional approaches to communication. This textbook highlights not just the ways individuals, systems, structures, and institutions use communication to privilege particular identities discursively and materially, but also the myriad ways that communication can be used to disrupt privilege and respectfully acknowledge the nonbinary and intersectional nature of every person’s identity. Key features include: Intersectional approaches to explaining and understanding identities and communication are the foundation of each chapter and inform the presentation of information throughout the book. Contemporary and historical examples are included in every chapter, highlighting the intersectional nature of identity and the role of communication in our interactions with other people. Complex and challenging ideas are presented in clear, respectful, and accessible ways throughout the book.

Danger and Vulnerability in Nineteenth-century American Literature

Jennifer Travis

Author : Jennifer Travis
Publisher : Lexington Books
Page : 175 pages
File Size : 42,6 Mb
Release : 2018-03-12
Category : Literary Criticism
ISBN : 9781498563420

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Danger and Vulnerability in Nineteenth-century American Literature by Jennifer Travis Pdf

Nineteenth-Century Americans saw danger lurking everywhere: in railway cars and trolleys, fireplaces and floods, and amid social and political movements, from the abolition of slavery to suffrage. After the Civil War, Americans were shaken by financial panic and a volatile post-slave economy. They were awe-struck and progressively alarmed by technological innovations that promised speed and commercial growth, but also posed unprecedented physical hazard. Most of all, Americans were uncertain, particularly in light of environmental disasters like hurricanes and wildfires, about their own city on a hill and the once indisputable and protective hand of a beneficent God. The disasters, accidents, and social and political upheavals that characterized nineteenth-century culture had enormous explanatory power, metaphoric and real. Today we speak of similar insecurities: financial, informational, environmental, and political, and we obsessively express our worry and fear for the future. Cultural theorist Paul Virilio refers to these feelings as the “threat horizon,” one that endlessly identifies and produces new dangers.Why, he asks, does it seem easier for humanity to imagine a future shaped by ever-deadlier accidents than a decent future? Danger and Vulnerability in Nineteenth Century American Literature; or, Crash and Burn American invites readers to examine the “threat horizon” through its nascent expression in literary and cultural history. Against the emerging rhetoric of danger in the long nineteenth century, this book examines how a vocabulary of vulnerability in the American imaginary promoted the causes of the structurally disempowered in new and surprising ways, often seizing vulnerability as the grounds for progressive insight. The texts at the heart of this study, from nineteenth-century sensation novels to early twentieth-century journalistic fiction, imagine spectacular collisions, terrifying conflagrations, and all manner of catastrophe, social, political, and environmental. Together they write against illusions of inviolability in a growing technological and managerial culture, and they imagine how the recognition of universal vulnerability may challenge normative representations of social, political, and economic marginality.

American Comparative Law

David S. Clark

Author : David S. Clark
Publisher : Oxford University Press
Page : 585 pages
File Size : 42,6 Mb
Release : 2022-09-02
Category : Law
ISBN : 9780195369922

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American Comparative Law by David S. Clark Pdf

"Historical Comparative Law and Comparative Legal History Legal history and comparative law overlap in important respects. This is more apparent with the use of some methods for comparison, such as legal transplant, natural law, or nation building. M.N.S. Sellers nicely portrayed the relationship. The past is a foreign country, its people strangers and its laws obscure.... No one can really understand her or his own legal system without leaving it first, and looking back from the outside. The comparative study of law makes one's own legal system more comprehensible, by revealing its idiosyncrasies. Legal history is comparative law without travel. Legal historians, perhaps especially in the United States, have been skeptical about the possibility of a fruitful comparative legal history, preferring in general to investigate the distinctiveness of their national experience. Comparatists, however, content with revealing or promoting similarities or differences between legal systems, by their nature strive toward comparison. Some American historians, especially since World War II, see the value in this"--

Yale Law Journal: Volume 125, Number 6 - April 2016

Yale Law Journal

Author : Yale Law Journal
Publisher : Quid Pro Books
Page : 279 pages
File Size : 51,9 Mb
Release : 2016-04-29
Category : Law
ISBN : 9781610277945

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Yale Law Journal: Volume 125, Number 6 - April 2016 by Yale Law Journal Pdf

This issue of the Yale Law Journal (the sixth issue of academic year 2015-2016) features articles and essays by notable scholars, as well as extensive student research. The issue's contents include: Article, "Administrative Forbearance," by Daniel T. Deacon Essay, "The New Public," by Sarah A. Seo The student contributions are: Note, "How To Trim a Christmas Tree: Beyond Severability and Inseverability for Omnibus Statutes," by Robert L. Nightingale Note, "Border Checkpoints and Substantive Due Process: Abortion in the Border Zone," by Kate Huddleston Comment, "The State's Right to Property Under International Law," by Peter Tzeng Quality digital editions include active Contents for the issue and for individual articles, linked footnotes, active URLs in notes, and proper digital and Bluebook presentation from the original edition.

Racism in America

Harvard University Press

Author : Harvard University Press
Publisher : Harvard University Press
Page : 171 pages
File Size : 50,5 Mb
Release : 2020-08-06
Category : History
ISBN : 9780674251663

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Racism in America by Harvard University Press Pdf

Racism in America has been the subject of serious scholarship for decades. At Harvard University Press, we’ve had the honor of publishing some of the most influential books on the subject. The excerpts in this volume—culled from works of history, law, sociology, medicine, economics, critical theory, philosophy, art, and literature—are an invitation to understand anti-Black racism through the eyes of our most incisive commentators. Readers will find such classic selections as Toni Morrison’s description of the Africanist presence in the White American literary imagination, Walter Johnson’s depiction of the nation’s largest slave market, and Stuart Hall’s theorization of the relationship between race and nationhood. More recent voices include Khalil Gibran Muhammad on the pernicious myth of Black criminality, Elizabeth Hinton on the link between mass incarceration and 1960s social welfare programs, Anthony Abraham Jack on how elite institutions continue to fail first-generation college students, Mehrsa Baradaran on the racial wealth gap, Nicole Fleetwood on carceral art, and Joshua Bennett on the anti-Black bias implicit in how we talk about animals and the environment. Because the experiences of non-White people are integral to the history of racism and often bound up in the story of Black Americans, we have included writers who focus on the struggles of Native Americans, Latinos, and Asians as well. Racism in America is for all curious readers, teachers, and students who wish to discover for themselves the complex and rewarding intellectual work that has sustained our national conversation on race and will continue to guide us in future years.

Mason-Dixon

Edward G. Gray

Author : Edward G. Gray
Publisher : Harvard University Press
Page : 298 pages
File Size : 43,7 Mb
Release : 2023-10-24
Category : History
ISBN : 9780674295247

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Mason-Dixon by Edward G. Gray Pdf

The first comprehensive history of the Mason-Dixon Line—a dramatic story of imperial rivalry and settler-colonial violence, the bonds of slavery and the fight for freedom. The United States is the product of border dynamics—not just at international frontiers but at the boundary that runs through its first heartland. The story of the Mason-Dixon Line is the story of America’s colonial beginnings, nation building, and conflict over slavery. Acclaimed historian Edward Gray offers the first comprehensive narrative of the America’s defining border. Formalized in 1767, the Mason-Dixon Line resolved a generations-old dispute that began with the establishment of Pennsylvania in 1681. Rivalry with the Calverts of Maryland—complicated by struggles with Dutch settlers in Delaware, breakneck agricultural development, and the resistance of Lenape and Susquehannock natives—had led to contentious jurisdictional ambiguity, full-scale battles among the colonists, and ethnic slaughter. In 1780, Pennsylvania’s Act for the Gradual Abolition of Slavery inaugurated the next phase in the Line’s history. Proslavery and antislavery sentiments had long coexisted in the Maryland–Pennsylvania borderlands, but now African Americans—enslaved and free—faced a boundary between distinct legal regimes. With the passage of the Fugitive Slave Act in 1850, the Mason-Dixon Line became a federal instrument to arrest the northward flow of freedom-seeking Blacks. Only with the end of the Civil War did the Line’s significance fade, though it continued to haunt African Americans as Jim Crow took hold. Mason-Dixon tells the gripping story of colonial grandees, Native American diplomats, Quaker abolitionists, fugitives from slavery, capitalist railroad and canal builders, US presidents, Supreme Court justices, and Underground Railroad conductors—all contending with the relentless violence and political discord of a borderland that was a transformative force in American history.

Hotel Dreams

Molly W. Berger

Author : Molly W. Berger
Publisher : JHU Press
Page : 328 pages
File Size : 43,7 Mb
Release : 2011-04-18
Category : Technology & Engineering
ISBN : 9781421401843

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Hotel Dreams by Molly W. Berger Pdf

Winner, 2012 Sally Hacker Prize, Society for the History of Technology Hotel Dreams is a deeply researched and entertaining account of how the hotel's material world of machines and marble integrated into and shaped the society it served. Molly W. Berger offers a compelling history of the American hotel and how it captured the public's imagination as it came to represent the complex—and often contentious—relationship among luxury, economic development, and the ideals of a democratic society. Berger profiles the country's most prestigious hotels, including Boston's 1829 Tremont, San Francisco's world-famous Palace, and Chicago's enormous Stevens. The fascinating stories behind their design, construction, and marketing reveal in rich detail how these buildings became cultural symbols that shaped the urban landscape.

Black Litigants in the Antebellum American South

Kimberly M. Welch

Author : Kimberly M. Welch
Publisher : UNC Press Books
Page : 323 pages
File Size : 49,6 Mb
Release : 2018-01-02
Category : Social Science
ISBN : 9781469636450

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Black Litigants in the Antebellum American South by Kimberly M. Welch Pdf

In the antebellum Natchez district, in the heart of slave country, black people sued white people in all-white courtrooms. They sued to enforce the terms of their contracts, recover unpaid debts, recuperate back wages, and claim damages for assault. They sued in conflicts over property and personal status. And they often won. Based on new research conducted in courthouse basements and storage sheds in rural Mississippi and Louisiana, Kimberly Welch draws on over 1,000 examples of free and enslaved black litigants who used the courts to protect their interests and reconfigure their place in a tense society. To understand their success, Welch argues that we must understand the language that they used--the language of property, in particular--to make their claims recognizable and persuasive to others and to link their status as owner to the ideal of a free, autonomous citizen. In telling their stories, Welch reveals a previously unknown world of black legal activity, one that is consequential for understanding the long history of race, rights, and civic inclusion in America.

Law And The Borders Of Belonging In The Long Nineteenth Century United States

Law and the Borders of Belonging in the Long Nineteenth Century United States by Barbara Young Welke Pdf

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

Spaces of Law in American Foreign Relations by Daniel S. Margolies Pdf

The Routledge Research Companion to Law and Humanities in Nineteenth-Century America by Nan Goodman,Simon Stern Pdf

A Nation Without Borders by Steven Hahn Pdf

Revolutions and Reconstructions by Van Gosse,David Waldstreicher Pdf

Litigating Across the Color Line by Melissa Milewski,Melissa Lambert Milewski Pdf

Beyond Gender Binaries by Cindy L. Griffin Pdf

Danger and Vulnerability in Nineteenth-century American Literature by Jennifer Travis Pdf

American Comparative Law by David S. Clark Pdf

Yale Law Journal: Volume 125, Number 6 - April 2016 by Yale Law Journal Pdf

Racism in America by Harvard University Press Pdf

Mason-Dixon by Edward G. Gray Pdf

Hotel Dreams by Molly W. Berger Pdf

Black Litigants in the Antebellum American South by Kimberly M. Welch Pdf

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