Author: William J. Novak
Publisher: Univ of North Carolina Press
Release Date: 2000-11-09
Much of today's political rhetoric decries the welfare state and our maze of government regulations. Critics hark back to a time before the state intervened so directly in citizens' lives. In The People's Welfare, William Novak refutes this vision of a stateless past by documenting America's long history of government regulation in the areas of public safety, political economy, public property, morality, and public health. Challenging the myth of American individualism, Novak recovers a distinctive nineteenth-century commitment to shared obligations and public duties in a well-regulated society. Novak explores the by-laws, ordinances, statutes, and common law restrictions that regulated almost every aspect of America's society and economy, including fire regulations, inspection and licensing rules, fair marketplace laws, the moral policing of prostitution and drunkenness, and health and sanitary codes. Based on a reading of more than one thousand court cases in addition to the leading legal and political texts of the nineteenth century, The People's Welfare demonstrates the deep roots of regulation in America and offers a startling reinterpretation of the history of American governance.
Author: Roman Michalczyk
Publisher: Mohr Siebeck
Release Date: 2010
English summary: Roman Michalczyk imparts new knowledge on the general discussion on regulation in Europe and the USA. He describes the historical situation which was the basis for the development of the regulation as well as the political, economic and legal factors which interacted to enable Europe to look back on its own, non-American regulatory tradition which already existed in the 19th century. German description: Die Regulierung naturlicher Monopole ist ein hochaktuelles, innovatives und weltweit diskutiertes Themenfeld. Vor diesem Hintergrund mag es uberraschend erscheinen, dass Roman Michalczyk die historischen Wurzeln der Regulierung bis hin zur Zeit vor mehr als 150 Jahren erforscht. Die Ergebnisse und Analysen dieses Werkes belegen jedoch die Ergiebigkeit dieser Aufgabenstellung. Um seine These eines genuin europaischen Regulierungskonzepts zu begrunden, wahlt der Autor einen interdisziplinaren, rechtsvergleichenden Ansatz. Durch einen Vergleich der englischen, preussischen und US-amerikanischen Eisenbahnentwicklung im 19. und beginnenden 20. Jahrhundert weist er nach, dass Strukturen und Konzepte von Regulierung bereits im Europa des 19. Jahrhunderts existierten und von den US-Amerikanern Ende des 19. Jahrhunderts teilweise ubernommen und weiterentwickelt wurden.
Author: Emily J. Zackin
Publisher: Princeton University Press
Release Date: 2013
Genre: Political Science
Unlike many national constitutions, which contain explicit positive rights to such things as education, a living wage, and a healthful environment, the U.S. Bill of Rights appears to contain only a long list of prohibitions on government. American constitutional rights, we are often told, protect people only from an overbearing government, but give no explicit guarantees of governmental help. Looking for Rights in All the Wrong Places argues that we have fundamentally misunderstood the American rights tradition. The United States actually has a long history of enshrining positive rights in its constitutional law, but these rights have been overlooked simply because they are not in the federal Constitution. Emily Zackin shows how they instead have been included in America's state constitutions, in large part because state governments, not the federal government, have long been primarily responsible for crafting American social policy. Although state constitutions, seemingly mired in trivial detail, can look like pale imitations of their federal counterpart, they have been sites of serious debate, reflect national concerns, and enshrine choices about fundamental values. Zackin looks in depth at the history of education, labor, and environmental reform, explaining why America's activists targeted state constitutions in their struggles for government protection from the hazards of life under capitalism. Shedding much-needed light on the variety of reasons that activists pursued the creation of new state-level rights, Looking for Rights in All the Wrong Places challenges us to rethink our most basic assumptions about the American constitutional tradition.
Author: Richard Greenwald
Publisher: Temple University Press
Release Date: 2005-06-17
Genre: Business & Economics
America searched for an answer to The Labor Question during the Progressive Era in an effort to avoid the unrest and violence that were the rule in the early 20th Century. In the ladies' garment industry, an experiment in industrial democracy brought together labor, management the public. Led by Louis Brandeis, a group of industrial democrats sought to solve the labor problem through a labor agreement, the Protocols of Peace. In the midst of this experiment, 146 mostly young, immigrant women died in the Triangle Factory Fire of 1911. As a result of the Fire, New York's Factory Investigating Commission, lead by Robert Wagner and Al Smith, created one of the largest reform successes of the period.
Author: Andrew T. Fede
Publisher: University of Georgia Press
Release Date: 2017-07-15
This comparative study looks at the laws concerning the murder of slaves by their masters and at how these laws were implemented. Andrew T. Fede cites a wide range of cases—across time, place, and circumstance—to illuminate legal, judicial, and other complexities surrounding this regrettably common occurrence. These laws had evolved to limit in different ways the masters’ rights to severely punish and even kill their slaves while protecting valuable enslaved people, understood as “property,” from wanton destruction by hirers, overseers, and poor whites who did not own slaves. To explore the conflicts of masters’ rights with state and colonial laws, Fede shows how slave homicide law evolved and was enforced not only in the United States but also in ancient Roman, Visigoth, Spanish, Portuguese, French, and British jurisdictions. His comparative approach reveals how legal reforms regarding slave homicide in antebellum times, like past reforms dictated by emperors and kings, were the products of changing perceptions of the interests of the public; of the individual slave owners; and of the slave owners’ families, heirs, and creditors. Although some slave murders came to be regarded as capital offenses, the laws consistently reinforced the second-class status of slaves. This influence, Fede concludes, flowed over into the application of law to free African Americans and would even make itself felt in the legal attitudes that underlay the Jim Crow era.
Author: Shai J. Lavi
Publisher: Princeton University Press
Release Date: 2009-01-10
Genre: Social Science
How we die reveals much about how we live. In this provocative book, Shai Lavi traces the history of euthanasia in the United States to show how changing attitudes toward death reflect new and troubling ways of experiencing pain, hope, and freedom. Lavi begins with the historical meaning of euthanasia as signifying an "easeful death." Over time, he shows, the term came to mean a death blessed by the grace of God, and later, medical hastening of death. Lavi illustrates these changes with compelling accounts of changes at the deathbed. He takes us from early nineteenth-century deathbeds governed by religion through the medicalization of death with the physician presiding over the deathbed, to the legalization of physician-assisted suicide. Unlike previous books, which have focused on law and technique as explanations for the rise of euthanasia, this book asks why law and technique have come to play such a central role in the way we die. What is at stake in the modern way of dying is not human progress, but rather a fundamental change in the way we experience life in the face of death, Lavi argues. In attempting to gain control over death, he maintains, we may unintentionally have ceded control to policy makers and bio-scientific enterprises.
Author: Sally E. Hadden
Publisher: John Wiley & Sons
Release Date: 2013-02-22
A Companion to American Legal History presents a compilation of the most recent writings from leading scholars on American legal history from the colonial era through the late twentieth century. Presents up-to-date research describing the key debates in American legal history Reflects the current state of American legal history research and points readers in the direction of future research Represents an ideal companion for graduate and law students seeking an introduction to the field, the key questions, and future research ideas
This timely book provides in-depth analytical comparison of the nineteenth century evolution of the American single market with corresponding political, economic, and social developments in post-WWII European efforts to create a single European market. Building the regulatory framework needed for successful adoption of an integrated single market across diverse political units represents one of the most important issues in comparative political economy. What accounts for the political success or failure in creating integrated markets in their respective territories? When social discontent threatens market integration with populist backlash, what must be done to create political support and greater legitimacy? Single Markets focuses on the creation of integrated economies, in which the United States and European Union experienced sharply contested ideas about the operation of their respective markets, conflict over the allocation of institutional authority, and pressure from competing political, economic, and social forces over the role and consequences of increased competition. Drawing upon four case studies, the book highlights the contestation surrounding the US and EUs efforts to create common currencies, expand their borders and territories, and deal with the pressures of populist parties, regional interests and varied fiscal and economic challenges. Theoretically, the book draws on work in European integration and American Political Development (APD) to illustrate that the consolidation of markets in the US and EU took place in conjunction with the expansion of state regulatory power and pressure for democratic reform. Single Markets situates the consolidation of single markets in the US and EU in a broader comparative context that draws on research in economics, public administration, political science, law, and history.
Author: Lawrence M. Friedman
Publisher: Simon and Schuster
Release Date: 2005-06-01
In this brilliant and immensely readable book, Lawrence M. Friedman tells the whole fascinating story of American law from its beginnings in the colonies to the present day. By showing how close the life of the law is to the economic and political life of the country, he makes a complex subject understandable and engrossing. A History of American Law presents the achievements and failures of the American legal system in the context of America's commercial and working world, family practices, and attitudes toward property, government, crime, and justice. Now completely revised and updated, this groundbreaking work incorporates new material regarding slavery, criminal justice, and twentieth-century law. For laymen and students alike, this remains the only comprehensive authoritative history of American law.
Author: Louis P. Masur
Publisher: JHU Press
Release Date: 1999-04-20
In The Challenge of American History, Louis Masur brings together a sampling of recent scholarship to determine the key issues preoccupying historians of American history and to contemplate the discipline's direction for the future. The fifteen summary essays included in this volume allow professional historians, history teachers, and students to grasp in a convenient and accessible form what historians have been writing about.
Author: James M. Johnson
Publisher: SUNY Press
Release Date: 2013-08-01
Offers nearly forty years of interdisciplinary scholarship on the Hudson River Valley’s role in the American Revolution. The Hudson River Valley, which George Washington referred to as the “Key to the Northern Country,” played a central role in the American Revolution. From 1776 to 1780, with major battles fought at Saratoga, Fort Montgomery, and Stony Point, the region was a central battleground of the Revolution. In addition, it witnessed some of the most dramatic and memorable aspects of the war, such as Benedict Arnold’s failed conspiracy at West Point, the burning of New York’s capital at Kingston, and the more than six-hundred-mile march of Washington and the Continental Army and Jean Baptiste Donatien de Vimeur, comte de Rochambeau, and his French Expeditionary Corps to Yorktown, Virginia. Compiled from essays that appeared in the Hudson Valley Regional Review and the Hudson River Valley Review, published by the Hudson River Valley Institute, the book illustrates the richly textured history of this supremely important time and place.
Author: Meg Jacobs
Publisher: Princeton University Press
Release Date: 2009-01-10
In a series of fascinating essays that explore topics in American politics from the nation's founding to the present day , The Democratic Experiment opens up exciting new avenues for historical research while offering bold claims about the tensions that have animated American public life. Revealing the fierce struggles that have taken place over the role of the federal government and the character of representative democracy, the authors trace the contested and dynamic evolution of the national polity. The contributors, who represent the leading new voices in the revitalized field of American political history, offer original interpretations of the nation's political past by blending methodological insights from the new institutionalism in the social sciences and studies of political culture. They tackle topics as wide-ranging as the role of personal character of political elites in the Early Republic, to the importance of courts in building a modern regulatory state, to the centrality of local political institutions in the late twentieth century. Placing these essays side by side encourages the asking of new questions about the forces that have shaped American politics over time. An unparalleled example of the new political history in action, this book will be vastly influential in the field. In addition to the editors, the contributors are Brian Balogh, Sven Beckert, Rebecca Edwards, Joanne B. Freeman, Richard R. John, Ira Katznelson, James T. Kloppenberg, Matthew D. Lassiter, Thomas J. Sugrue, Michael Vorenberg, and Michael Willrich.
'Law Books in Action: Essays on the Anglo-American Legal Treatise' explores the history of the legal treatise in the common law world. Rather than looking at treatises as shortcuts from 'law in books' to 'law in action', the essays in this collection ask what treatises can tell us about what troubled legal professionals at a given time, what motivated them to write what they did, and what they hoped to achieve. This book, then, is the first study of the legal treatise as a 'law book in action', an active text produced by individuals with ideas about what they wanted the law to be, not a mere stepping-stone to codes and other forms of legal writing, but a multifaceted genre of legal literature in its own right, practical and fanciful, dogmatic and ornamental in turn. This book will be of interest to legal scholars, lawyers and judges, as well as to anyone else with a scholarly interest in law in general, and legal history in particular.