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Law as Culture and Culture as Law
  • Language: en
  • Pages: 500

Law as Culture and Culture as Law

Law as Culture and Culture as Law presents a spectrum of historical inquiries developing and engaging John Phillip Reid's insights and methodological approaches to legal and constitutional history. The essays gathered in this volume span nearly three centuries and two continents, ranging from the agonizing struggles over law, religion, and governance in late seventeenth-century Ireland to the legal and constitutional regimes of governmental regulation in twentieth-century New York.

Thomas Jefferson
  • Language: en
  • Pages: 258

Thomas Jefferson

Discusses the private life and public career of the fifth president of the United States and author of the Declaration of Independence.

Trial by Jury
  • Language: en
  • Pages: 365

Trial by Jury

  • Categories: Law
  • Type: Book
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  • Published: 2006-06
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  • Publisher: NYU Press

While the right to be judged by one's peers in a court of law appears to be a hallmark of American law, protected in civil cases by the Seventh Amendment to the Constitution, the civil jury is actually an import from England. Legal historian James Oldham assembles a mix of his signature essays and new work on the history of jury trial, tracing how trial by jury was transplanted to America and preserved in the Constitution. Trial by Jury begins with a rigorous examination of English civil jury practices in the late eighteenth century, including how judges determined one's right to trial by jury and who composed the jury. Oldham then considers the extensive historical use of a variety of “special juries,” such as juries of merchants for commercial cases and juries of women for claims of pregnancy. Special juries were used for centuries in both English and American law, although they are now considered antithetical to the idea that American juries should be drawn from jury pools that reflect reasonable cross-sections of their communities. An introductory overview addresses the relevance of Anglo-American legal tradition and history in understanding America's modern jury system.

Constitutional History of the American Revolution
  • Language: en
  • Pages: 180

Constitutional History of the American Revolution

Designed for use in courses, this abridged edition of the four-volume Constitutional History of the American Revolution demonstrates how significant constitutional disputes were in instigating the American Revolution. John Phillip Reid addresses the central constitutional issues that divided the American colonists from their English legislators: the authority to tax, the authority to legislate, the security of rights, the nature of law, the foundation of constitutional government in custom and contractarian theory, and the search for a constitutional settlement. Reid's distinctive analysis discusses the irreconcilable nature of this conflict--irreconcilable not because leaders in politics on both sides did not desire a solution, but because the dynamics of constitutional law impeded a solution that permitted the colonies to remain part of the dominions of George III.

Virginia Women
  • Language: en
  • Pages: 392

Virginia Women

Virginia Women is the first of two volumes exploring the history of Virginia women through the lives of exemplary and remarkable individuals. This collection of seventeen essays, written by established and emerging scholars, recovers the stories and voices of a diverse group of women, from the seventeenth century through the Civil War era. Placing their subjects in their larger historical contexts, the authors show how the experiences of Virginia women varied by race, class, age, and marital status, and also across both space and time. Some essays examine the lives of well-known women—such as First Lady Dolley Madison—from a new perspective. Others introduce readers to relatively obscure historical figures: the convicted witch Grace Sherwood; the colonial printer Clementina Rind; Harriet Hemings, the enslaved daughter of Thomas Jefferson. Essays on the frontier heroine Mary Draper Ingles and the Civil War spy Elizabeth Van Lew examine the real women behind the legends. Altogether, the essays in this collection offer readers an engaging and personal window onto the experiences of women in the Old Dominion.

The Education of John Adams
  • Language: en
  • Pages: 369

The Education of John Adams

This book, a free-standing companion to Bernstein's 2003 biography Thomas Jefferson, responds to the public curiosity about Adams, his life, and his work for those intrigued by popular-culture portrayals of Adams in the Broadway musical 1776 and the HBO television miniseries John Adams. As with Bernstein's other work (e.g., The Founding Fathers: A Very Short Introduction), it is a clear, scholarly, concise, well-written, and well-researched account of Adams's life, career, and thought addressing anyone seeking to learn more about him.

The Common Law in Colonial America
  • Language: en
  • Pages: 241

The Common Law in Colonial America

  • Categories: Law

Présentation de l'éditeur : "In a projected four-volume series, The Common Law in Colonial America, William E. Nelson will show how the legal systems of Britain's thirteen North American colonies, which were initially established in response to divergent political, economic, and religious initiatives, slowly converged until it became possible by the 1770s to imagine that all thirteen participated in a common American legal order, which diverged in its details but differed far more substantially from English common law. Volume three, The Chesapeake and New England, 1660-1750, reveals how Virginia, which was founded to earn profit, and Massachusetts, which was founded for Puritan religious ends, had both adopted the common law by the mid-eighteenth century and begun to converge toward a common American legal model. The law in the other New England colonies, Nelson argues, although it was distinctive in some respects, gravitated toward the Massachusetts model, while Maryland's law gravitated toward that of Virginia."

Jefferson's Legal Commonplace Book
  • Language: en
  • Pages: 690

Jefferson's Legal Commonplace Book

As a law student and young lawyer in the 1760s, Thomas Jefferson began writing abstracts of English common law reports. Even after abandoning his law practice, he continued to rely on his legal commonplace book to document the legal, historical, and philosophical reading that helped shape his new role as a statesman. Indeed, he made entries in the notebook in preparation for his mission to France, as president of the United States, and near the end of his life. This authoritative volume is the first to contain the complete text of Jefferson’s notebook. With more than 900 entries on such thinkers as Beccaria, Montesquieu, and Lord Kames, Jefferson’s Legal Commonplace Book is a fascinating...

Thomas Jefferson and the Rhetoric of Virtue
  • Language: en
  • Pages: 562

Thomas Jefferson and the Rhetoric of Virtue

Jefferson's commitment to virtue, the authors argue, helps explain his interest in rhetoric, just as a study of his rhetorical philosophy leads to a deeper understanding of his commitment to virtue."--BOOK JACKET.

Contested Empire
  • Language: en
  • Pages: 284

Contested Empire

Do law and legal procedures exist only so long as there is an official authority to enforce them? Or do we have an unspoken sense of law and ethics? To answer these questions, John Phillip Reid’s Contested Empire explores the implicit notions of law shared by American and British fur traders in the Snake River country of Idaho and surrounding areas in the early nineteenth century. Both the United States and Great Britain had claimed this region, and passions were intense. Focusing mainly on Canadian explorer and trader Peter Skene Ogden, Reid finds that both side largely avoided violence and other difficulties because they held the same definitions of property, contract, conversion, and po...