Download or read book Americanization of the Common Law written by William Edward Nelson and published by University of Georgia Press. This book was released on 1994-01-01 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americanization of the Common Law remains one of the standard works on the transformation of law in America from the late colonial period to the end of the early republic. In a straightforward manner, William E. Nelson analyzes the profound ideological movement that grew out of the American Revolution and caused substantial structural change in the legal and social order of Massachusetts and, by extension, in the nation at large. The Revolution, Nelson argues, transformed a hierarchical and communitarian legal and social order into an egalitarian and individualistic one. For this edition, Nelson has written a new preface in which he discusses the book's initial reception and the relevant historiographical issues that have arisen since it was first published in 1975.
Download or read book The Americanization of the Common Law During the Revolutionary Era written by William Edward Nelson and published by . This book was released on 1971 with total page 902 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Common Law in Colonial America written by William Edward Nelson and published by Oxford University Press. This book was released on 2018 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book E Pluribus Unum written by William E. Nelson and published by Oxford University Press, USA. This book was released on 2019 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The colonies that comprised pre-revolutionary America had thirteen legal systems and governments. Given their diversity, how did they evolve into a single nation? In E Pluribus Unum, the eminent legal historian William E. Nelson explains how this diverse array of legal orders gradually converged over time, laying the groundwork for the founding of the United States. From their inception, the colonies exercised a range of approaches to the law. For instance, while New England based its legal system around the word of God, Maryland followed the common law tradition, and New York adhered to Dutch law. Over time, though, the British crown standardized legal procedure in an effort to more uniformly and efficiently exert control over the Empire. But, while the common law emerged as the dominant system across the colonies, its effects were far from what English rulers had envisioned. E Pluribus Unum highlights the political context in which the common law developed and how it influenced the United States Constitution. In practice, the triumph of the common law over competing approaches gave lawyers more authority than governing officials. By the end of the eighteenth century, many colonial legal professionals began to espouse constitutional ideology that would mature into the doctrine of judicial review. In turn, laypeople came to accept constitutional doctrine by the time of independence in 1776. Ultimately, Nelson shows that the colonies' gradual embrace of the common law was instrumental to the establishment of the United States. Not simply a masterful legal history of colonial America, Nelson's magnum opus fundamentally reshapes our understanding of the sources of both the American Revolution and the Founding.
Download or read book E Pluribus Unum written by William E. Nelson and published by Oxford University Press. This book was released on 2019-06-03 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The colonies that comprised pre-revolutionary America had thirteen legal systems and governments. Given their diversity, how did they evolve into a single nation? In E Pluribus Unum, the eminent legal historian William E. Nelson explains how this diverse array of legal orders gradually converged over time, laying the groundwork for the founding of the United States. From their inception, the colonies exercised a range of approaches to the law. For instance, while New England based its legal system around the word of God, Maryland followed the common law tradition, and New York adhered to Dutch law. Over time, though, the British crown standardized legal procedure in an effort to more uniformly and efficiently exert control over the Empire. But, while the common law emerged as the dominant system across the colonies, its effects were far from what English rulers had envisioned. E Pluribus Unum highlights the political context in which the common law developed and how it influenced the United States Constitution. In practice, the triumph of the common law over competing approaches gave lawyers more authority than governing officials. By the end of the eighteenth century, many colonial legal professionals began to espouse constitutional ideology that would mature into the doctrine of judicial review. In turn, laypeople came to accept constitutional doctrine by the time of independence in 1776. Ultimately, Nelson shows that the colonies' gradual embrace of the common law was instrumental to the establishment of the United States. Not simply a masterful legal history of colonial America, Nelson's magnum opus fundamentally reshapes our understanding of the sources of both the American Revolution and the Founding.
Download or read book The Fourteenth Amendment written by William E. Nelson and published by Harvard University Press. This book was released on 2009-06-01 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a remarkably fresh and historically grounded reinterpretation of the American Constitution, William Nelson argues that the fourteenth amendment was written to affirm the general public's long-standing rhetorical commitment to the principles of equality and individual rights on the one hand, and to the principle of local self-rule on the other.
Download or read book Law Out of Context written by Alan Watson and published by University of Georgia Press. This book was released on 2000 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and society are closely related, though the relationship between the two is both complicated and understudied. In a world of rapidly changing people, places, and ideas, law is frequently taken out of context, often with surprising and unnecessary consequences. As societies and their structures, religious doctrines, and economies change, laws previously established often remain unchanged. Dominant nations frequently impose their own laws on weaker nations, whether or not their cultures are similar. Conquered nations, after regaining freedom, often keep their conquerors' laws by default. Law is often misrepresented in literature, and legal scholars, citizens, and businesspeople alike ignore large portions of the legislation under which they live and work. Even the American system of legal education frequently proves itself irrelevant to a proper understanding of today's laws. Alan Watson studies examples from the ancient laws of Rome and Byzantium, laws within the Christian Gospels, and policies of legal education in the modern United States to demonstrate the need for a new approach to both law and legal education. Law Out of Context illustrates that only by understanding comparative legal history and by paying more attention to changes in our society can we hope to devise consistently fair and respected laws.
Download or read book The Futility of Law and Development written by Jedidiah Joseph Kroncke and published by Oxford University Press. This book was released on 2016 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text uses the Sino-American relationship to trace the decline of American legal cosmopolitanism from the Revolutionary era until today.
Download or read book The Americanization of Benjamin Franklin written by Gordon S. Wood and published by Penguin. This book was released on 2005-05-31 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: “I cannot remember ever reading a work of history and biography that is quite so fluent, so perfectly composed and balanced . . .” —The New York Sun “Exceptionally rich perspective on one of the most accomplished, complex, and unpredictable Americans of his own time or any other.” —The Washington Post Book World From the most respected chronicler of the early days of the Republic—and winner of both the Pulitzer and Bancroft prizes—comes a landmark work that rescues Benjamin Franklin from a mythology that has blinded generations of Americans to the man he really was and makes sense of aspects of his life and career that would have otherwise remained mysterious. In place of the genial polymath, self-improver, and quintessential American, Gordon S. Wood reveals a figure much more ambiguous and complex—and much more interesting. Charting the passage of Franklin’s life and reputation from relative popular indifference (his death, while the occasion for mass mourning in France, was widely ignored in America) to posthumous glory, The Americanization of Benjamin Franklin sheds invaluable light on the emergence of our country’s idea of itself.
Download or read book The Constitution and the Common Law written by R. Randall Bridwell and published by Free Press. This book was released on 1977 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Antonin Scalia and American Constitutionalism written by Edward A. Purcell, Jr. and published by Oxford University Press. This book was released on 2020-05-07 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book In a Defiant Stance written by John P. Reid and published by Penn State Press. This book was released on 2010-11-01 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Special Relations written by Howard Malchow and published by Stanford University Press. This book was released on 2011-02-18 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: Special Relations reevaluates Anglo-American cultural exchange by exploring metropolitan London's culture and counterculture from the 1950s to the 1970s. It challenges a tendency in cultural studies to privilege local reception and attempts to restore the concept of Americanization in this critical era of mass tourism, professional exchange, and media globalization—while acknowledging an important degree of cultural hybridity and circularity. The study begins with the influence of American modernism in the built environment and in "Swinging London" generally, and then moves to its central project, the re-exploration of British counterculture—the anti-war movement, student rebellion, hippies, popular music, the alternative press, and the late Sixties triad of black, feminist, and gay liberationisms—as intimately tied to American experience and to American agents of cultural change. Special Relations retrieves these phenomena as more central and enduring in British metropolitan life than the current orthodoxy allows, and subjects to sharp critical scrutiny prevalent assertions of cultural "authenticity" in their British variants. Finally, the book looks at aspects of the turn against modernism and the counterculture in the 1970s.
Download or read book The Radicalism of the American Revolution written by Gordon S. Wood and published by Knopf. This book was released on 1992 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Senior co-administrator of the Norcoast Salmon Research Facility, Dr. Mackenzie Connor - Mac to her friends and colleagues - was a biologist who had wanted nothing more out of life than to study the spawning habits of salmon. But that was before she met Brymn, the first member of the Dhryn race ever to set foot on Earth. And it was before Base was attacked, and Mac's friend and fellow scientist Dr. Emily Mamani was kidnapped by the mysterious race known as the Ro." "From that moment on everything changed for Mac, for Emily, for Brymn, for the human race, and for all the many member races of the Interspecies Union." "Now, with the alien Dhryn following an instinct-driven migratory path through the inhabited spaceways - bringing about the annihilation of sentient races who have the misfortune to lie along the star trail they are following - time is running out not only for the human race but for all life forms." "And only Mac and her disparate band of researchers - drawn from many of the races that are members of the Interspecies Union - stand any chance of solving the deadly puzzle of the Dhryn and the equally enigmatic Ro."--BOOK JACKET.
Download or read book Power and Liberty written by Gordon S. Wood and published by Oxford University Press. This book was released on 2021-08-02 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: New York Times bestseller and Pulitzer Prize-winning author Gordon S. Wood elucidates the debates over the founding documents of the United States. The half century extending from the imperial crisis between Britain and its colonies in the 1760s to the early decades of the new republic of the United States was the greatest and most creative era of constitutionalism in American history, and perhaps in the world. During these decades, Americans explored and debated all aspects of politics and constitutionalism--the nature of power, liberty, representation, rights, the division of authority between different spheres of government, sovereignty, judicial authority, and written constitutions. The results of these issues produced institutions that have lasted for over two centuries. In this new book, eminent historian Gordon S. Wood distills a lifetime of work on constitutional innovations during the Revolutionary era. In concise form, he illuminates critical events in the nation's founding, ranging from the imperial debate that led to the Declaration of Independence to the revolutionary state constitution making in 1776 and the creation of the Federal Constitution in 1787. Among other topics, he discusses slavery and constitutionalism, the emergence of the judiciary as one of the major tripartite institutions of government, the demarcation between public and private, and the formation of states' rights. Here is an immensely readable synthesis of the key era in the making of the history of the United States, presenting timely insights on the Constitution and the nation's foundational legal and political documents.
Download or read book History of the Common Law written by John H. Langbein and published by Aspen Publishing. This book was released on 2009-08-14 with total page 1310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This introductory text explores the historical origins of the main legal institutions that came to characterize the Anglo-American legal tradition, and to distinguish it from European legal systems. The book contains both text and extracts from historical sources and literature. The book is published in color, and contains over 250 illustrations, many in color, including medieval illuminated manuscripts, paintings, books and manuscripts, caricatures, and photographs.
Download or read book The American Revolution In the Law written by Shannon C. Stimson and published by Princeton University Press. This book was released on 2014-07-14 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
