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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.
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.
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.
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 "had no rights" under the Constitution and that Congress had no authority to alter that, galvanized Americans and thrust the issue of race and law to the center of American politics. --
An essential, rigorous, and lively introduction to the beginnings of American law. How did American colonists transform British law into their own? What were the colonies' first legal institutions, and who served in them? And why did the early Americans develop a passion for litigation that continues to this day? In Law and People in Colonial America, Peter Charles Hoffer tells the story of early American law from its beginnings on the British mainland to its maturation during the crisis of the American Revolution. For the men and women of colonial America, Hoffer explains, law was a pervasive influence in everyday life. Because it was their law, the colonists continually adapted it to fit c...
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...
A comprehensive examination of the diversity and unity of New England life in the 17th century.
Colonial America: A History to 1763, 4th Edition provides updated and revised coverage of the background, founding, and development of the thirteen English North American colonies. Fully revised and expanded fourth edition, with updated bibliography Includes new coverage of the simultaneous development of French, Spanish, and Dutch colonies in North America, and extensively re-written and updated chapters on families and women Features enhanced coverage of the English colony of Barbados and trans-Atlantic influences on colonial development Provides a greater focus on the perspectives of Native Americans and their influences in shaping the development of the colonies
"The Embattled Northeast breaks with established wisdom concerning the dynamics of Indian-white relations. It shows that Euramericans' technological superiority did not undermine the Abenaki's self-confidence, but that trade pushed the tribes toward reaching an alliance among themselves as the first step in dealing with colonials. The study also tells how the Abenaki adapted to the post-contact world in order to secure their lives in religious terms, combining their own religious beliefs with compatible French Jesuit teachings"--Jacket.
The history of New Orleans at the turn of the nineteenth century In 1795, New Orleans was a sleepy outpost at the edge of Spain's American empire. By the 1820s, it was teeming with life, its levees packed with cotton and sugar. New Orleans had become the unquestioned urban capital of the antebellum South. Looking at this remarkable period filled with ideological struggle, class politics, and powerful personalities, Building the Land of Dreams is the narrative biography of a fascinating city at the most crucial turning point in its history. Eberhard Faber tells the vivid story of how American rule forced New Orleans through a vast transition: from the ordered colonial world of hierarchy and s...