Law Labor and Ideology in the Early American Republic

Author: Christopher L. Tomlins
Publisher: Cambridge University Press
ISBN: 0521438578
Release Date: 1993-04-30
Genre: History

This book presents a fundamental reinterpretation of law and politics in America between 1790 and 1850, the crucial period of the Republic's early growth and its movement toward industrialism. It is the most detailed study yet available of the intellectual and institutional processes that created the foundation categories framing all the basic legal relationships involving working people.

Scraping By

Author: Seth Rockman
Publisher: JHU Press
ISBN: 9780801899997
Release Date: 2010-12-29
Genre: History

These rich accounts of day laborers and domestic servants illuminate the history of early republic capitalism and its consequences for working families.

The Oxford Handbook of the American Revolution

Author: Edward G. Gray
Publisher: Oxford University Press
ISBN: 9780199324033
Release Date: 2012-12-06
Genre: History

The Oxford Handbook of the American Revolution draws on a wealth of new scholarship to create a vibrant dialogue among varied approaches to the revolution that made the United States. In thirty-three essays written by authorities on the period, the Handbook brings to life the diverse multitudes of colonial North America and their extraordinary struggles before, during, and after the eight-year-long civil war that secured the independence of thirteen rebel colonies from their erstwhile colonial parent. The chapters explore battles and diplomacy, economics and finance, law and culture, politics and society, gender, race, and religion. Its diverse cast of characters includes ordinary farmers and artisans, free and enslaved African Americans, Indians, and British and American statesmen and military leaders. In addition to expanding the Revolution's who, the Handbook broadens its where, portraying an event that far transcended the boundaries of what was to become the United States. It offers readers an American Revolution whose impact ranged far beyond the thirteen colonies. The Handbook's range of interpretive and methodological approaches captures the full scope of current revolutionary-era scholarship. Its authors, British and American scholars spanning several generations, include social, cultural, military, and imperial historians, as well as those who study politics, diplomacy, literature, gender, and sexuality. Together and separately, these essays demonstrate that the American Revolution remains a vibrant and inviting a subject of inquiry. Nothing comparable has been published in decades.

Encyclopedia of American Social Movements

Author: Immanuel Ness
Publisher: Routledge
ISBN: 9781317471899
Release Date: 2015-07-17
Genre: Business & Economics

This four-volume set examines every social movement in American history - from the great struggles for abolition, civil rights, and women's equality to the more specific quests for prohibition, consumer safety, unemployment insurance, and global justice.

The Routledge History of Nineteenth Century America

Author: Jonathan Daniel Wells
Publisher: Routledge
ISBN: 9781317665496
Release Date: 2017-09-14
Genre: History

The Routledge History of Nineteenth-Century America provides an important overview of the main themes within the study of the long nineteenth century. The book explores major currents of research over the past few decades to give an up-to-date synthesis of nineteenth-century history. It shows how the century defined much of our modern world, focusing on themes including: immigration, slavery and racism, women's rights, literature and culture, and urbanization. This collection reflects the state of the field and will be essential reading for all those interested in the development of the modern United States.

Taming Passion for the Public Good

Author: Mark E. Kann
Publisher: NYU Press
ISBN: 9780814770191
Release Date: 2013-04-01
Genre: History

“Kann's latest tour de force explores the ambivalence, during the founding of our nation, about whether political freedom should augur sexual freedom. Tracing the roots of patriarchal sexual repression back to revolutionary America, Kann asks highly contemporary questions about the boundaries between public and private life, suggesting, provocatively, that political and sexual freedom should go hand in hand.” —Ben Agger, University of Texas at Arlington The American Revolution was fought in the name of liberty. In popular imagination, the Revolution stands for the triumph of populism and the death of patriarchal elites. But this is not the case, argues Mark E. Kann. Rather, in the aftermath of the Revolution, America developed a society and system of laws that kept patriarchal authority alive and well—especially when it came to the sex lives of citizens. In Taming Passion for the Public Good, Kann contends that that despite the rhetoric of classical liberalism, the founding generation did not trust ordinary citizens with extensive liberty. Under the guise of paternalism, they were able simultaneously to retain social control while espousing liberal principles, with the goal of ultimately molding the country into the new American ideal: a moral and orderly citizenry that voluntarily did what was best for the public good. Mark E. Kann, Professor Emeritus of Political Science and History, held the USC Associates Chair in Social Science at the University of Southern California. He is the author of Republic of Men (NYU Press, 1998) and Punishment, Prisons, and Patriarchy (NYU Press, 2005).

Property in Work

Author: Wanjiru Njoya
Publisher: Ashgate Publishing, Ltd.
ISBN: 9781409493297
Release Date: 2013-01-28
Genre: Law

The notion of property in work has deep historical roots in the common law tradition, but is yet to receive the attention it deserves. In this timely and thought-provoking book, Wanjiru Njoya contrasts ideas of ownership and property rights in English, American and European labour law, and considers their practical implications. The author's contention that shared ownership within a stakeholder theory of the firm allows better protection of both shareholders' and employees' interests in the large public corporation, puts employee-participation firmly back on the corporate governance agenda. The book offers a refreshing new perspective on how a more socially desirable balance between economic flexibility and job security may be achieved.

Rehabilitating Lochner

Author: David E. Bernstein
Publisher: University of Chicago Press
ISBN: 9780226043531
Release Date: 2011-05-15
Genre: History

In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of Lochner v. New York. This 1905 decision invalidated state laws limiting work hours and became the leading case contending that novel economic regulations were unconstitutional. Sure to be controversial, Rehabilitating Lochner argues that the decision was well grounded in precedent—and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents. Tracing the influence of this decision through subsequent battles over segregation laws, sex discrimination, civil liberties, and more, Rehabilitating Lochner argues not only that the court acted reasonably in Lochner, but that Lochner and like-minded cases have been widely misunderstood and unfairly maligned ever since.

Workers in America

Author: Robert E. Weir
Publisher: ABC-CLIO
ISBN: 9781598847185
Release Date: 2012-11
Genre: Business & Economics

This encyclopedia traces the evolution of American workers and labor organizations from pre-Revolutionary America through the present day. * Suggested reading for each entry, including both print and online resources * A chronology of important labor highlights * 350 entries covering key topics

The Freedoms We Lost

Author: Barbara Smith
Publisher: The New Press
ISBN: 9781595585974
Release Date: 2010-11-09
Genre: History

The Freedoms We Lost is an ambitious historical analysis of the American revolution that reinterprets the gains and losses experienced by ordinary Americans and challenges the easy narrative that subsumes the growth of “freedom” into the story of the American nation. Esteemed historian Barbara Clark Smith proposes that many ordinary Americans were in fact more free on the eve of Revolution than they were two decades later.

Heretics in the Temple

Author: David Ray Papke
Publisher: NYU Press
ISBN: 9780814768846
Release Date: 1998-07-01
Genre: Law

Americans seem increasingly disenchanted with their legal system. In the wake of several high-profile trials, America's faith in legal authority appears profoundly shaken. And yet, as David Ray Papke shows in this dramatic and erudite tour of American history, many Americans have challenged and often rejected the rule of law since the earliest days of the country's founding. Papke traces the lineage of such legal heretics from nineteenth-century activists William Lloyd Garrison and Elizabeth Cady Stanton, through Eugene Debs, and up to more recent radicals, such as the Black Panther Party, anti-abortionists, and militia members. A tradition of American legal heresy clearly emerges--linked together by a body of shared references, idols, and commitments--that problematizes the American belief in legal neutrality and highlights the historical conflicts between law and justice. Questioning the legal faith both peculiar and essential to American mythology, this alternative tradition is in itself an overlooked feature of American history and culture.

Roots of Disorder

Author: Christopher Waldrep
Publisher: University of Illinois Press
ISBN: 0252067320
Release Date: 1998
Genre: History

Every white southerner understood what keeping African Americans down meant and what it did not mean. It did not mean going to court; it did not mean relying on the law. It meant vigilante violence and lynching.Looking at Vicksburg, Mississippi, Roots of Disorder traces the origins of these terrible attitudes to the day-to-day operations of local courts. In Vicksburg, white exploitation of black labor through slavery evolved into efforts to use the law to define blacks' place in society, setting the stage for widespread tolerance of brutal vigilantism. Fed by racism and economics, whites' extralegal violence grew in a hothouse of more general hostility toward law and courts. Roots of Disorder shows how the criminal justice system itself plays a role in shaping the attitudes that encourage vigilantism.

The United States Supreme Court

Author: Christopher L. Tomlins
Publisher: Houghton Mifflin Harcourt
ISBN: 0618329692
Release Date: 2005
Genre: Law

A senior research fellow at the American Bar Foundation and the editor of Law and History Review offers an authoritative history of the Supreme Court, presenting eighteen essays by the nation's most renowned legal historians.

The Myth of the Imperial Judiciary

Author: Mark Kozlowski
Publisher: NYU Press
ISBN: 9780814749296
Release Date: 2006-01-01
Genre: Law

Few institutions have become as ferociously fought over in democratic politics as the courts. While political criticism of judges in this country goes back to its inception, today’s intensely ideological assault is nearly unprecedented. Spend any amount of time among the writings of contemporary right-wing critics of judicial power, and you are virtually assured of seeing repeated complaints about the “imperial judiciary.” American conservatives contend not only that judicial power has expanded dangerously in recent decades, but that liberal judges now willfully write their policy preferences into law. They raise alarms that American courts possess a degree of power incompatible with the functioning of a democratic polity. The Myth of the Imperial Judiciary explores the anti-judicial ideological trend of the American right, refuting these claims and taking a realistic look at the role of courts in our democracy to show that conservatives have a highly unrealistic conception of their power. Kozlowski first assesses the validity of the conservative view of the Founders’ intent, arguing that courts have played an assertive role in our politics since their establishment. He then considers contemporary judicial powers to show that conservatives have greatly overstated the extent to which the expansion of rights which has occurred has worked solely to the benefit of liberals. Kozlowski reveals the ways in which the claims of those on the right are often either unsupported or simply wrong. He concludes that American courts, far from imperiling our democracy or our moral fabric, stand as a bulwark against the abuse of legislative power, acting forcefully, as they have always done, to give meaning to constitutional promises.