The American Revolution In The Law

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The American Revolution In the Law

Shannon C. Stimson
The American Revolution In the Law Book PDF

Author : Shannon C. Stimson
Publisher : Princeton University Press
Page : 241 pages
File Size : 52,5 Mb
Release : 2014-07-14
Category : Philosophy
ISBN : 9781400861477

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The American Revolution In the Law by Shannon C. Stimson Pdf

In 1773 John Adams observed that one source of tension in the debate between England and the colonies could be traced to the different conceptions each side had of the terms "legally" and "constitutionally"--different conceptions that were, as Shannon Stimson here demonstrates, symptomatic of deeper jurisprudential, political, and even epistemological differences between the two governmental outlooks. This study of the political and legal thought of the American revolution and founding period explores the differences between late eighteenth-century British and American perceptions of the judicial and jural power. In Stimson's book, which will interest both historians and theorists of law and politics, the study of colonial juries provides an incisive tool for organizing, interpreting, and evaluating various strands of American political theory, and for challenging the common assumption of a basic unity of vision of the roots of Anglo-American jurisprudence. The author introduces an original concept, that of "judicial space," to account for the development of the highly political role of the Supreme Court, a judicial body that has no clear counterpart in English jurisprudence. Originally published in 1990. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

In a Defiant Stance

John P. Reid
In a Defiant Stance Book PDF

Author : John P. Reid
Publisher : Penn State Press
Page : 237 pages
File Size : 45,5 Mb
Release : 2010-11-01
Category : Law
ISBN : 9780271038254

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In a Defiant Stance by John P. Reid Pdf

The minimum of violence accompanying the success of the American Revolution resulted in large part, argues this book, from the conditions of law the British allowed in the American colonies. By contrast, Ireland's struggle for independence was prolonged, bloody, and bitter largely because of the repressive conditions of law imposed by Britain. Examining the most rebellious American colony, Massachusetts Bay, Professor Reid finds that law was locally controlled while imperial law was almost nonexistent as an influence on the daily lives of individuals. In Ireland the same English common law, because of imperial control of legal machinery, produced an opposite result. The Irish were forced to resort to secret, underground violence. The author examines various Massachusetts Bay institutions to show the consequences of whig party control, in contrast to the situation in 18th-century Ireland. A general conclusion is that law, the conditions of positive law, and the matter of who controls the law may have more significant effects on the course of events than is generally assumed.

The Birth of American Law

John D. Bessler
The Birth of American Law Book PDF

Author : John D. Bessler
Publisher : Unknown
Page : 0 pages
File Size : 45,8 Mb
Release : 2014
Category : Capital punishment
ISBN : 1611636043

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The Birth of American Law by John D. Bessler Pdf

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

The Constitutional Origins of the American Revolution

Jack P. Greene
The Constitutional Origins of the American Revolution Book PDF

Author : Jack P. Greene
Publisher : Cambridge University Press
Page : 223 pages
File Size : 46,6 Mb
Release : 2010-10-25
Category : History
ISBN : 9781139492935

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The Constitutional Origins of the American Revolution by Jack P. Greene Pdf

Using the British Empire as a case study, this succinct study argues that the establishment of overseas settlements in America created a problem of constitutional organization. The failure to resolve the resulting tensions led to the thirteen continental colonies seceding from the empire in 1776. Challenging those historians who have assumed that the British had the law on their side during the debates that led to the American Revolution, this volume argues that the empire had long exhibited a high degree of constitutional multiplicity, with each colony having its own discrete constitution. Contending that these constitutions cannot be conflated with the metropolitan British constitution, it argues that British refusal to accept the legitimacy of colonial understandings of the sanctity of the many colonial constitutions and the imperial constitution was the critical element leading to the American Revolution.

The Clamor of Lawyers

Peter Charles Hoffer,Williamjames Hull Hoffer
The Clamor of Lawyers Book PDF

Author : Peter Charles Hoffer,Williamjames Hull Hoffer
Publisher : Cornell University Press
Page : 199 pages
File Size : 55,8 Mb
Release : 2018-10-15
Category : History
ISBN : 9781501726088

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The Clamor of Lawyers by Peter Charles Hoffer,Williamjames Hull Hoffer Pdf

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

By Birth or Consent

Holly Brewer
By Birth or Consent Book PDF

Author : Holly Brewer
Publisher : UNC Press Books
Page : 408 pages
File Size : 53,9 Mb
Release : 2012-12-01
Category : History
ISBN : 9780807839126

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By Birth or Consent by Holly Brewer Pdf

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

Justifying Revolution

Glenn A. Moots,Phillip Hamilton
Justifying Revolution Book PDF

Author : Glenn A. Moots,Phillip Hamilton
Publisher : University of Oklahoma Press
Page : 521 pages
File Size : 46,8 Mb
Release : 2018-06-14
Category : History
ISBN : 9780806161334

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Justifying Revolution by Glenn A. Moots,Phillip Hamilton Pdf

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

The Concept of Representation in the Age of the American Revolution

John Phillip Reid
The Concept of Representation in the Age of the American Revolution Book PDF

Author : John Phillip Reid
Publisher : University of Chicago Press
Page : 276 pages
File Size : 43,6 Mb
Release : 1989
Category : History
ISBN : 0226708985

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The Concept of Representation in the Age of the American Revolution by John Phillip Reid Pdf

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

American Revolution

Charles Howard McIlwain
American Revolution Book PDF

Author : Charles Howard McIlwain
Publisher : e-artnow
Page : 88 pages
File Size : 52,9 Mb
Release : 2022-01-04
Category : History
ISBN : EAN:4066338117243

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American Revolution by Charles Howard McIlwain Pdf

American Revolution is a Pulitzer Prize awarded history which deals with legal and political aspects of the American Revolution. The American Revolution began and ended with the political act or acts by which British sovereignty over the thirteen English colonies in North America was definitely repudiated. All else was nothing but cause or effect of this act. Of the causes, some were economic, some social, others constitutional. But the Revolution itself was none of these; not social, nor economic, nor even constitutional; it was a political act, and such an act cannot be both constitutional and revolutionary; the terms are mutually exclusive. So long as American opposition to alleged grievances was constitutional it was in no sense revolutionary. The moment it became revolutionary it ceased to be constitutional. When was that moment reached? The Problem The Precedents The Realm and the Dominions The Precedents Natural and Fundamental Law Taxation and Virtual Representation The Charters

Among the Powers of the Earth

Eliga H. Gould
Among the Powers of the Earth Book PDF

Author : Eliga H. Gould
Publisher : Harvard University Press
Page : 335 pages
File Size : 51,6 Mb
Release : 2012-02-13
Category : History
ISBN : 9780674068261

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Among the Powers of the Earth by Eliga H. Gould Pdf

For most Americans, the Revolution’s main achievement is summed up by the phrase “life, liberty, and the pursuit of happiness.” Yet far from a straightforward attempt to be free of Old World laws and customs, the American founding was also a bid for inclusion in the community of nations as it existed in 1776. America aspired to diplomatic recognition under international law and the authority to become a colonizing power itself. As Eliga Gould shows in this reappraisal of American history, the Revolution was an international transformation of the first importance. To conform to the public law of Europe’s imperial powers, Americans crafted a union nearly as centralized as the one they had overthrown, endured taxes heavier than any they had faced as British colonists, and remained entangled with European Atlantic empires long after the Revolution ended. No factor weighed more heavily on Americans than the legally plural Atlantic where they hoped to build their empire. Gould follows the region’s transfiguration from a fluid periphery with its own rules and norms to a place where people of all descriptions were expected to abide by the laws of Western Europe—“civilized” laws that precluded neither slavery nor the dispossession of Native Americans.

Fundamental Law and the American Revolution, 1760-1776

Charles F. Mullett
Fundamental Law and the American Revolution 1760 1776 Book PDF

Author : Charles F. Mullett
Publisher : Unknown
Page : 232 pages
File Size : 42,5 Mb
Release : 1966
Category : Great Britain
ISBN : STANFORD:36105043882849

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Fundamental Law and the American Revolution, 1760-1776 by Charles F. Mullett Pdf

The Oxford Handbook of the American Revolution

Edward G. Gray,Jane Kamensky
The Oxford Handbook of the American Revolution Book PDF

Author : Edward G. Gray,Jane Kamensky
Publisher : Oxford University Press
Page : 696 pages
File Size : 49,7 Mb
Release : 2015
Category : History
ISBN : 9780190257767

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The Oxford Handbook of the American Revolution by Edward G. Gray,Jane Kamensky Pdf

The Oxford Handbook of the American Revolution draws on a wealth of new scholarship to create a vibrant dialogue among varied approaches to the revolution that made the United States. In thirty-three essays written by authorities on the period, the Handbook brings to life the diverse multitudes of colonial North America and their extraordinary struggles before, during, and after the eight-year-long civil war that secured the independence of thirteen rebel colonies from their erstwhile colonial parent. The chapters explore battles and diplomacy, economics and finance, law and culture, politics and society, gender, race, and religion. Its diverse cast of characters includes ordinary farmers and artisans, free and enslaved African Americans, Indians, and British and American statesmen and military leaders. In addition to expanding the Revolution's who, the Handbook broadens its where, portraying an event that far transcended the boundaries of what was to become the United States. It offers readers an American Revolution whose impact ranged far beyond the thirteen colonies. The Handbook's range of interpretive and methodological approaches captures the full scope of current revolutionary-era scholarship. Its authors, British and American scholars spanning several generations, include social, cultural, military, and imperial historians, as well as those who study politics, diplomacy, literature, gender, and sexuality. Together and separately, these essays demonstrate that the American Revolution remains a vibrant and inviting a subject of inquiry. Nothing comparable has been published in decades.