Law and People in Colonial America

Author: Peter Charles Hoffer
Publisher: JHU Press
ISBN: 080185816X
Release Date: 1998-01-21
Genre: History

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?

English Common Law in the Early American Colonies

Author: Paul Samuel Reinsch
Publisher: The Lawbook Exchange, Ltd.
ISBN: 9781584774877
Release Date: 2004
Genre: History

Reinsch, Paul Samuel. English Common Law in the Early American Colonies. Madison: [Bulletin of the University of Wisconsin], 1899. 64 pp. Reprint available December, 2004 by the Lawbook Exchange, Ltd. ISBN 1-58477-487-8. Cloth. $65. * This focused study of the institutional framework of colonial government addresses the colonial policy of the European powers, the motives and methods of colonial expansion, the general forms of colonial government and how the administrative and legislative methods of each colony grew to accommodate them.

The Brave New World

Author: Peter Charles Hoffer
Publisher: JHU Press
ISBN: 0801884837
Release Date: 2006
Genre: History

Wide-ranging in scope, inclusive in content, the revised edition of The Brave New World continues to provide professors, students, and historians with an engaging and accessible history of early North America.

Colonial Law in America

Author: Robert M. Reed
Publisher: Schiffer Pub Limited
ISBN: 0764337807
Release Date: 2011
Genre: History

Forty lashes for committing adultery? Children taken from their parents for being unruly? Loss of an ear - or even your life -- for stealing? These were the harsh punishments doled out for such crimes in Colonial America during the seventeenth and eighteenth centuries. Learn what happened to horse thieves and Sabbath breakers or people engaging in idleness in the thirteen original colonies. Accompanied by 30 postcard images, more than twenty-five "crimes" are covered in this view of law and justice in the 1600s and 1700s. It will make you appreciate that you live in the twenty-first century.

The Common Law in Colonial America

Author: William E. Nelson
Publisher: Oxford University Press
ISBN: 9780199716715
Release Date: 2008-08-05
Genre: History

Drawing on groundbreaking and overwhelmingly extensive research into local court records, The Common Law in Colonial America proposes a "new beginning" in the study of colonial legal history, as it charts the course of the common law in Early America, to reveal how the models of law that emerged differed drastically from that of the English common law. In this first volume, Nelson explores how the law of the Chesapeake colonies--Virginia and Maryland--differed from the New England colonies--Massachusetts Bay, Connecticut, New Haven, Plymouth, and Rhode Island--and looks at the differences between the colonial legal systems within the two regions, from their initial settlement until approximately 1660.

The Common Law in Colonial America

Author: William E. Nelson
Publisher: Oxford University Press
ISBN: 9780190850487
Release Date: 2018-06
Genre: History

The eminent legal historian William E. Nelson's magisterial four-volume The Common Law in Colonial America traces how the many legal orders of Britain's thirteen North American colonies gradually evolved into one American system. Initially established on divergent political, economic, and religious grounds, the various colonial systems 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. This fourth and final volume begins where volume three ended. It focuses on the laws of the thirteen colonies in the mid-eighteenth century and on constitutional events leading up to the American Revolution. Nelson first examines procedural and substantive law and looks at important shifts in the law to show how the mid-eighteenth- century colonial legal system in large part functioned effectively in the interests both of Great Britain and of its thirteen colonies. Nelson then turns to constitutional events leading to the Revolution. Here he shows how lawyers deployed ideological arguments not for their own sake, but in order to protect colonial institutional structures and the socio-economic interests of their clients. As lawyers deployed the arguments, they developed them into a constitutional theory that gave primacy to common-law constitutional rights and local self-government. In the process, the lawyers became leaders of the revolutionary movement and a dominant political force in the new United States.

The Oxford Handbook of Environmental History

Author: Andrew C. Isenberg
Publisher: Oxford University Press
ISBN: 9780199394470
Release Date: 2014-09-18
Genre: Science

The field of environmental history emerged just decades ago but has established itself as one of the most innovative and important new approaches to history, one that bridges the human and natural world, the humanities and the sciences. With the current trend towards internationalizing history, environmental history is perhaps the quintessential approach to studying subjects outside the nation-state model, with pollution, global warming, and other issues affecting the earth not stopping at national borders. With 25 essays, this Handbook is global in scope and innovative in organization, looking at the field thematically through such categories as climate, disease, oceans, the body, energy, consumerism, and international relations.

Crime and Punishment in Latin America

Author: Ricardo D. Salvatore
Publisher: Duke University Press
ISBN: 0822327449
Release Date: 2001-09-20
Genre: History

DIVEssays in collection argue that Latin American legal institutions were both mechanisms of social control and unique arenas for ordinary people to contest government policies and resist exploitation./div

Law and Religion in American History

Author: Mark Douglas McGarvie
Publisher: Cambridge University Press
ISBN: 9781107150935
Release Date: 2016-07-19
Genre: History

This book furthers dialogue on the separation of church and state with an approach that emphasizes intellectual history and the constitutional theory that underlies American society. Mark D. McGarvie explains that the founding fathers of America considered the right of conscience to be an individual right, to be protected against governmental interference. While the religion clauses enunciated this right, its true protection occurred in the creation of separate public and private spheres. Religion and the churches were placed in the private sector. Yet, politically active Christians have intermittently mounted challenges to this bifurcation in calling for a greater public role for Christian faith and morality in American society. Both students and scholars will learn much from this intellectual history of law and religion that contextualizes a four-hundred-year-old ideological struggle.

Essays in the History of Canadian Law

Author: George Blaine Baker
Publisher: University of Toronto Press
ISBN: 9781442670068
Release Date: 2013-12-06
Genre: History

The essays in this volume deal with the legal history of the Province of Quebec, Upper and Lower Canada, and the Province of Canada between the British conquest of 1759 and confederation of the British North America colonies in 1867. The backbone of the modern Canadian provinces of Ontario and Quebec, this geographic area was unified politically for more than half of the period under consideration. As such, four of the papers are set in the geographic cradle of modern Quebec, four treat nineteenth-century Ontario, and the remaining four deal with the St. Lawrence and Great Lakes watershed as a whole. The authors come from disciplines as diverse as history, socio-legal studies, women’s studies, and law. The majority make substantial use of second-language sources in their essays, which shade into intellectual history, social and family history, regulatory history, and political history.

A Distant Heritage

Author: Larry Eldridge
Publisher: NYU Press
ISBN: 0814722954
Release Date: 1994-01-01
Genre: History

Historians often rely on a handful of unusual cases to illustrate the absence of free speech in the colonies—such as that of Richard Barnes, who had his arms broken and a hole bored through his tongue for seditious words against the governor of Virginia. In this definitive and accessible work, Larry Eldridge convincingly debunks this view by revealing surprising evidence of free speech in early America. Using the court records of every American colony that existed before 1700 and an analysis of over 1,200 seditious speech cases sifted from those records, A Distant Heritage shows how colonists experienced a dramatic expansion during the seventeenth century of their freedom to criticize government and its officials. Exploring important changes in the roles of juries and appeals, the nature of prosecution and punishment, and the pattern of growing leniency, Eldridge also shows us why this expansion occurred when it did. He concludes that the ironic combination of tumult and destabilization on the one hand, and steady growth and development on the other, made colonists more willing to criticize authority openly and officials less able to prevent it. That, in turn, established a foundation for the more celebrated flowering of colonial dissent against English authority in the eighteenth century. Steeped in primary sources and richly narrated, this is an invaluable addition to the library of anyone interested in legal history, colonial America, or the birth of free speech in the United States.

Crime and Law Enforcement in the Colony of New York 1691 1776

Author: Douglas Greenberg
Publisher: Fall Creek Books
ISBN: 0801477646
Release Date: 2011-09-01
Genre: History

This book examines the court system in colonial New York, the demography of criminal prosecution, the character and social position of accused criminals, the social forces that led to criminal behavior, crime rates, and the the court system.

Legal Education in the United States

Author: Albert James Harno
Publisher: The Lawbook Exchange, Ltd.
ISBN: 9781584774419
Release Date: 2004
Genre: History

Harno, Albert J. Legal Education in the U.S.: A Report Prepared for the Survey of the Legal Profession. San Francisco: Bancroft-Whitney Company, 1953. v, 211 pp. Reprint available August 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-441-X. Cloth. $70. * This concise yet detailed survey offers an excellent introduction to the history of American legal education from the colonial era to the 1950s. Its evolutionary perspective derives from one telling insight: "A social consciousness of the significance of law to a people is an attribute of a ripening civilization" (18). In succeeding chapters, Harno examines "Our English Heritage," "The Formative Period of American Legal Education," "Early American Law Schools and the Laissez Faire Period," "The Case Method," "Impact of Professional Organizations, Criticisms of Modern Legal Education," and "Legal Education-A Present Appraisement."