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 Power and Liberty written by Gordon S. Wood and published by Oxford University Press. This book was released on 2021 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by one of early America's most eminent historians, this book masterfully discusses the debates over constitutionalism that took place in the Revolutionary era.
Download or read book English Common Law in the Early American Colonies Classic Reprint written by Paul Samuel Reinsch and published by Forgotten Books. This book was released on 2017-11-03 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from English Common Law in the Early American Colonies The accepted legal theory of this transfer is well known. It is clearly stated by Story in Van Ness v. Packard, 2 Peters, 144 The common law of England is not to be taken in all respects to be that of America. Our ancestors brought with them its general principles, and claimed it as their birth-right; but they brought with them and adopted only that portion which was applicable to their condition. This theory is universally adopted by our courts, and it has given them the important power of judging of the applicability of the principles of the common law to American conditions. According to this view, the common law was from the first looked upon by the colonists as a system of positive and subsidiary law, applying where not replaced by colonial enactments or by special custom suited to new conditions. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Download or read book The Americanization of the English Common Law 1776 1835 written by Robert Jorres Franklin and published by . This book was released on 1972 with total page 830 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 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.
