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In a Defiant Stance
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.
Constitutional History of the American Revolution, Volume II
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.
A Law of Blood
"John Phillip Reid is widely known for his groundbreaking work in American legal history. A Law of Blood, first published in the early 1970s, led the way in an additional newly emerging academic field: American Indian history. As the field has flourished, this book has remained an authoritative text. Forging the research methods that fellow historians would soon adopt, Reid carefully examines the organization and rules of Cherokee clans and towns."--BOOK JACKET.
The Concept of Liberty in the Age of the American Revolution
"Liberty was the most cherished right possessed by English-speaking people in the eighteenth century. It was both an ideal for the guidance of governors and a standard with which to measure the constitutionality of government; both a cause of the American Revolution and a purpose for drafting the United States Constitution; both an inheritance from Great Britain and a reason republican common lawyers continued to study the law of England." As John Philip Reid goes on to make clear, "liberty" did not mean to the eighteenth-century mind what it means today. In the twentieth century, we take for granted certain rights—such as freedom of speech and freedom of the press—with which the state i...
Revisiting 1759
The British victory on the Plains of Abraham in September 1759 and the subsequent Conquest of Canada were undoubtedly significant geopolitical events, but their nature and implications continue to be debated. Revisiting 1759 provides a fresh historical reappraisal of the Conquest and its aftermath using new approaches drawn from military, imperial, social, and Aboriginal history. This cohesive collection investigates many of the most hotly contested questions surrounding the Conquest: Was the battle itself a crucial turning point, or just one element in the global struggle between France and Great Britain? Did the battle's outcome reflect the superior strategy of General James Wolfe or rather errors on both sides? Did the Conquest alter the long-term trajectories of the French and British empires or simply confirm patterns well underway? How formative was the Conquest in defining the new British America and those now living under its rule? As this collection makes vividly clear, the Conquest's most profound consequences may in fact be quite different from those that have traditionally been emphasized.
Constituting Empire
According to the traditional understanding of American constitutional law, the Revolution produced a new conception of the constitution as a set of restrictions on the power of the state rather than a mere description of governmental roles. Daniel J. Hulsebosch complicates this viewpoint by arguing that American ideas of constitutions were based on British ones and that, in New York, those ideas evolved over the long eighteenth century as New York moved from the periphery of the British Atlantic empire to the center of a new continental empire. Hulsebosch explains how colonists and administrators reconfigured British legal sources to suit their needs in an expanding empire. In this story, fa...
Law for the Elephant
An account, taken mostly, from diaries, correspondence and newspapers on how the pioneers dealt with legal issues while on the Overland Trail.
Laying Down the Law
Winner of the John Phillip Reed Book Award, American Society for Legal History A legal historian opens a window on the monumental postwar effort to remake fascist Germany and Japan into liberal rule-of-law nations, shedding new light on the limits of America’s ability to impose democracy on defeated countries. Following victory in WWII, American leaders devised an extraordinarily bold policy for the occupations of Nazi Germany and Imperial Japan: to achieve their permanent demilitarization by compelled democratization. A quintessentially American feature of this policy was the replacement of fascist legal orders with liberal rule-of-law regimes. In his comparative investigation of these ep...
