Double Character

Author: Ariela J. Gross
Publisher: University of Georgia Press
ISBN: 082032860X
Size: 50.99 MB
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This groundbreaking study of the law and culture of slavery in the antebellum Deep South takes readers into local courtrooms where people settled their civil disputes over property. Buyers sued sellers for breach of warranty when they considered slaves to be physically or morally defective; owners sued supervisors who whipped or neglected slaves under their care. How, asks Ariela J. Gross, did communities reconcile the dilemmas such trials raised concerning the character of slaves and masters? Although slaves could not testify in court, their character was unavoidably at issue--and so their moral agency intruded into the courtroom. In addition, says Gross, "wherever the argument that black character depended on management by a white man appeared, that white man's good character depended on the demonstration that bad black character had other sources." This led, for example, to physicians testifying that pathologies, not any shortcomings of their master, drove slaves to became runaways. Gross teases out other threads of complexity woven into these trials: the ways that legal disputes were also affairs of honor between white men; how witnesses and litigants based their views of slaves' character on narratives available in the culture at large; and how law reflected and shaped racial ideology. Combining methods of cultural anthropology, quantitative social history, and critical race theory, Double Character brings to life the law as a dramatic ritual in people's daily lives, and advances critical historical debates about law, honor, and commerce in the American South.

Justice Accused

Author: Robert M. Cover
Publisher: Yale University Press
ISBN: 9780300032529
Size: 41.48 MB
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What should a judge do when he must hand down a ruling based on a law that he considers unjust or oppressive? This question is examined through a series of problems concerning unjust law that arose with respect to slavery in nineteenth-century America. Cover's book is splendid in many ways. His legal history and legal philosophy are both first class...This is, for a change, an interdisciplinary work that is a credit to both disciplines.-Ronald Dworkin, Times Literary Supplement Scholars should be grateful to Cover for his often brilliant illumination of tensions created in judges by changing eighteenth- and nineteenth-century jurisprudential attitudes and legal standards...An exciting adventure in interdisciplinary history.-Harold M. Hyman, American Historical Review A most articulate, sophisticated, and learned defense of legal formalism...Deserves and needs to be widely read.-Don Roper, Journal of American History An excellent illustration of the way in which a burning moral issue relates to the American judicial process. The book thus has both historical value and a very immediate importance.-Edwards A.Stettner, Annals of the American Academy of Political and Social Science A really fine book, an important contribution to law and to history.-Louis H. Pollak

Law And People In Colonial America

Author: Peter Charles Hoffer
Publisher: JHU Press
ISBN: 9780801858161
Size: 66.75 MB
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This revised edition of Law and People in Colonial America will incorporate recent scholarship and encompass American Indians, the French, and Spaniards as people who—on the fringes of English settlement—raised interesting questions. Among them: how in legal terms did the English deal with "marginal"societies; how does this posture help us to understand English law and the changes the New World forced upon it; and how did these people on the outside themselves view English law?

Program

Author: Organization of American Historians. Meeting
Publisher:
ISBN:
Size: 44.71 MB
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University Court And Slave

Author: Alfred L. Brophy
Publisher: Oxford University Press
ISBN: 019026361X
Size: 63.85 MB
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University, Court, and Slave reveals long-forgotten connections between pre-Civil War southern universities and slavery. Universities and their faculty owned people-sometimes dozens of people-and profited from their labor while many slaves endured physical abuse on campuses. The profits of enslaved labor helped pay for education, and faculty and students at times actively promoted the institution. They wrote about the history of slavery, argued for its central role in the southern economy, and developed a political theory that justified slavery. The university faculty spoke a common language of economic utility, history, and philosophy with those who made the laws for the southern states. Their extensive writing promoting slavery helps us understand how southern politicians and judges thought about the practice. As Alfred L. Brophy shows, southern universities fought the emancipation movement for economic reasons, but used history, philosophy, and law in an attempt to justify their position. Indeed, as the antislavery movement gained momentum, southern academics and their allies in the courts became bolder in their claims. Some went so far as to say that slavery was supported by natural law. The combination of economic reasoning and historical precedent helped shape a southern, proslavery jurisprudence. Following Lincoln's November 1860 election, southern academics joined politicians, judges, lawyers, and other leaders in arguing that their economy and society was threatened. Southern jurisprudence led them to believe that any threats to slavery and property justified secession. Bolstered by the courts, academics took their case to the southern public-and ultimately to the battlefield-to defend slavery. A path-breaking and deeply researched history of southern universities' investment in and defense of slavery, University, Court, and Slave will fundamentally transform our understanding of the institutional foundations of pro-slavery thought.

A Legal History Of The Civil War And Reconstruction

Author: Laura F. Edwards
Publisher: Cambridge University Press
ISBN: 1316239713
Size: 64.20 MB
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Although hundreds of thousands of people died fighting in the American Civil War, perhaps the war's biggest casualty was the nation's legal order. A Legal History of the Civil War and Reconstruction explores the implications of this major change by bringing legal history into dialogue with the scholarship of other historical fields. Federal policy on slavery and race, particularly the three Reconstruction amendments, are the best-known legal innovations of the era. Change, however, permeated all levels of the legal system, altering Americans' relationship to the law and allowing them to move popular conceptions of justice into the ambit of government policy. The results linked Americans to the nation through individual rights, which were extended to more people and, as a result of new claims, were reimagined to cover a wider array of issues. But rights had limits in what they could accomplish, particularly when it came to the collective goals that so many ordinary Americans advocated.

New Field New Corn

Author: Paul M. Pruitt, Jr.
Publisher: Quid Pro Books
ISBN: 1610273109
Size: 78.91 MB
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NEW FIELD, NEW CORN is an anthology of research papers that explore a range of topics from the rich legal history of the state of Alabama and its influential legal and judicial figures. Contemporary photography and maps are featured as well. “New Field, New Corn presents eight new essays on Alabama legal history from the pre-Civil War era through the Civil Rights era. These elegant and novel chapters survey a broad spectrum, from economics, race, education, and professional concerns of lawyers, to plain old legal doctrine, to show how those variables affected the state’s development. These essays reveal why we need intensive studies of American law at the state and county level in the 19th and 20th centuries. For they demonstrate that law is embedded in our culture. These invite many other studies, from the county level on up, in other states, to demonstrate how law lies at the center of nation’s history. They reaffirm my faith that there are many, many fascinating stories left to tell about our nation’s journey towards fulfilling the promises of law.” — Alfred L. Brophy Judge John J. Parker Distinguished Professor of Law University of North Carolina–Chapel Hill Author, Reparations: Pro and Con (2006) and Reconstructing the Dreamland (2002) “Alabama legal history can be surprising. Usually, this history is identified with dominant one-party politics, slavery, racial segregation, and limited social welfare. University of Alabama Law School legal historian Paul Pruitt’s collection of young lawyers’ research reveals a new field. It extends out from legal subjects, embracing new perceptions of law in society across Alabama history. The collection rests on broad research. Lawyers working in diverse fields have produced Alabama legal history that sets a new standard.” — Tony Freyer University Research Professor of History and Law, Emeritus University of Alabama Author, Hugo L. Black and the Dilemma of American Liberalism (2007), and coauthor, Democracy and Judicial Independence (1996) The volume’s contents include: • Bryan K. Fair’s Foreword: “Critiquing Our Present, Interrogating Our Past” • Paul M. Pruitt, Jr.’s Introduction: “Alabama Legal History as a Field of Study” • Warren Hoffman: “Developments of the Enclosure Movement in Alabama: Disrupting the Free Roaming” • Paul Rand: “Flush Times in the Chancery: A Brief Note on the History of Equity and Trusts” • Helen Eckinger: “The Militarization of the University of Alabama” • Eddie Lowe: “Economic Growth in Blount County/Onteonta: Attorneys, Companies, and Cases” • Mike Dodson: “Pioneers in Alabama Legal History: A Firm Understanding of the History of Alabama” • Courtney Cooper: “A Man in a Boy’s Coat: The Evolution of Alabama’s Constitutions” • Deirdra Drinkard: “The Uniform Beneath the Robe” • Ellie Campbell: “The ‘Breakthrough Verdict’: Strange v. State” A compelling new addition to the Legal History & Biography Series from Quid Pro Books.

Fathers Of Conscience

Author: Bernie D. Jones
Publisher: University of Georgia Press
ISBN: 9780820342306
Size: 68.41 MB
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Fathers of Conscience examines high-court decisions in the antebellum South that involved wills in which white male planters bequeathed property, freedom, or both to women of color and their mixed-race children. These men, whose wills were contested by their white relatives, had used trusts and estates law to give their slave partners and children official recognition and thus circumvent the law of slavery. The will contests that followed determined whether that elevated status would be approved or denied by courts of law. Bernie D. Jones argues that these will contests indicated a struggle within the elite over race, gender, and class issues--over questions of social mores and who was truly family. Judges thus acted as umpires after a man's death, deciding whether to permit his attempts to provide for his slave partner and family. Her analysis of these differing judicial opinions on inheritance rights for slave partners makes an important contribution to the literature on the law of slavery in the United States.

Becoming American Under Fire

Author: Christian G. Samito
Publisher: Cornell University Press
ISBN: 0801448468
Size: 50.12 MB
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In Becoming American under Fire, Christian G. Samito provides a rich account of how African American and Irish American soldiers influenced the modern vision of national citizenship that developed during the Civil War era. By bearing arms for the Union, African Americans and Irish Americans exhibited their loyalty to the United States and their capacity to act as citizens; they strengthened their American identity in the process. Members of both groups also helped to redefine the legal meaning and political practices of American citizenship. For African American soldiers, proving manhood in combat was only one aspect to their quest for acceptance as citizens. As Samito reveals, by participating in courts-martial and protesting against unequal treatment, African Americans gained access to legal and political processes from which they had previously been excluded. The experience of African Americans in the military helped shape a postwar political movement that successfully called for rights and protections regardless of race. For Irish Americans, soldiering in the Civil War was part of a larger affirmation of republican government and it forged a bond between their American citizenship and their Irish nationalism. The wartime experiences of Irish Americans helped bring about recognition of their full citizenship through naturalization and also caused the United States to pressure Britain to abandon its centuries-old policy of refusing to recognize the naturalization of British subjects abroad. As Samito makes clear, the experiences of African Americans and Irish Americans differed substantially—and at times both groups even found themselves violently opposed—but they had in common that they aspired to full citizenship and inclusion in the American polity. Both communities were key participants in the fight to expand the definition of citizenship that became enshrined in constitutional amendments and legislation that changed the nation.

America History And Life

Author: American Bibliographical Center
Publisher:
ISBN:
Size: 58.37 MB
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Provides historical coverage of the United States and Canada from prehistory to the present. Includes information abstracted from over 2,000 journals published worldwide.