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The Dred Scott Case
In 1846 two slaves, Dred and Harriet Scott, filed petitions for their freedom in the Old Courthouse in St. Louis, Missouri. As the first true civil rights case decided by the U.S. Supreme Court, Dred Scott v. Sandford raised issues that have not been fully resolved despite three amendments to the Constitution and more than a century and a half of litigation. The Dred Scott Case: Historical and Contemporary Perspectives on Race and Law presents original research and the reflections of the nation’s leading scholars who gathered in St. Louis to mark the 150th anniversary of what was arguably the most infamous decision of the U.S. Supreme Court. The decision, which held that African Americans ...
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...
Bleeding Kansas
Few people would have expected bloodshed in Kansas Territory. After all, it had few slaves and showed few signs that slavery would even flourish. But civil war tore this territory apart in the 1850s and 60s, and "Bleeding Kansas" became a forbidding symbol for the nationwide clash over slavery that followed. Many free-state Kansans seemed to care little about slaves, and many proslavery Kansans owned not a single slave. But the failed promise of the Kansas-Nebraska Act-when fraud in local elections subverted the settlers' right to choose whether Kansas would be a slave or free state-fanned the flames of war. While other writers have cited slavery or economics as the cause of unrest, Nicole E...
Law and Society in Puritan Massachusetts
Distinguished by the critical value it assigns to law in Puritan society, this study describes precisely how the Massachusetts legal system differed from England's and how equity and an adapted common law became so useful to ordinary individuals. The author discovers that law gradually replaced religion and communalism as the source of social stability, and he gives a new interpretation to the witchcraft prosecutions of 1692. Originally published 1979. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
The Courthouses of Early Virginia
Court day in early Virginia transformed crossroads towns into forums for citizens of all social classes to transact a variety of business, from legal cases heard before the county magistrates to horse races, ballgames, and the sale and barter of produce, clothing, food, and drink. The Courthouses of Early Virginia is the first comprehensive history of the public buildings that formed the nucleus of this space and the important private buildings that grew up around them.
Credit Nation
How American colonists laid the foundations of American capitalism with an economy built on credit Even before the United States became a country, laws prioritizing access to credit set colonial America apart from the rest of the world. Credit Nation examines how the drive to expand credit shaped property laws and legal institutions in the colonial and founding eras of the republic. In this major new history of early America, Claire Priest describes how the British Parliament departed from the customary ways that English law protected land and inheritance, enacting laws for the colonies that privileged creditors by defining land and slaves as commodities available to satisfy debts. Colonial ...
The Revolutionary Constitution
The framers of the Constitution chose their words carefully when they wrote of a more perfect union--not absolutely perfect, but with room for improvement. Indeed, we no longer operate under the same Constitution as that ratified in 1788, or even the one completed by the Bill of Rights in 1791--because we are no longer the same nation. In The Revolutionary Constitution, David J. Bodenhamer provides a comprehensive new look at America's basic law, integrating the latest legal scholarship with historical context to highlight how it has evolved over time. The Constitution, he notes, was the product of the first modern revolution, and revolutions are, by definition, moments when the past shifts ...
Of "good Laws" and "good Men"
Of "Good Laws" and "Good Men" reveals how a Quaker minority in the Delaware Valley used the law to its own advantage yet maintained the legitimacy of its rule. William Offutt, Jr., places legal processes at the center of this region's social history. The new societies established there in the late 1600s did not rely on religious conformity, culture, or a simple majority to develop successfully, Offutt maintains. Rather, they succeeded because of the implementation of reforms that gave the expanding population faith in the legitimacy of legal processes introduced by a Quaker elite. Offutt's painstaking investigation of the records of more than 2,000 civil and 1,100 criminal cases in four county courts over a thirty-year period shows that Quakers - the "Good Men" - were disproportionately represented as justices, officers, and jurors in this system of "Good Laws" they had established, and that they fared better than did the rest of the population in dealing with it.
Historic U.S. Court Cases
This collection of essays looks at over 200 major court cases, at both state and federal levels, from the colonial period to the present. Organized thematically, the articles range from 1,000 to 5,000 words and include recent topics such as the Microsoft antitrust case, the O.J. Simpson trials, and the Clinton impeachment. This new edition includes 43 new essays as well as updates throughout, with end-of-essay bibliographies and indexes by case and subject/name.
New Histories of Gun Rights and Regulation
The US Supreme Court recently held that the constitutionality of modern gun laws depends on whether they are "consistent with this Nation's historical tradition of firearm regulation." This landmark judicial decision, which cited an essay in this collection, made it ever more crucial to be clear about what the "historical tradition" entails. The scope of the Second Amendment's right to keep and bear arms, and accordingly the government's power to regulate firearms in the interest of public safety, hangs in the balance. Drawing on original research and sources not available to earlier Supreme Court opinions, New Histories of Gun Rights and Regulations brings together various methodological ap...
