Law and the Conditions of Freedom in the Nineteenth century United States

Author: James Willard Hurst
Publisher: Univ of Wisconsin Press
ISBN: 9780299013639
Format: PDF, Mobi
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In these essays J. Willard Hurst shows the correlation between the conception of individual freedom and the application of law in the nineteenth-century United States—how individuals sought to use law to increase both their personal freedom and their opportunities for personal growth. These essays in jurisprudence and legal history are also a contribution to the study of social and intellectual history in the United States, to political science, and to economics as it concerns the role of public policy in our economy. The nonlawyer will find in them demonstration of how "technicalities" express deep issues of social values.

An Indispensable Liberty

Author: Mary M. Cronin
Publisher: SIU Press
ISBN: 0809334739
Format: PDF, ePub, Docs
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Most Americans today view freedom of speech as a bedrock of all other liberties, a defining feature of American citizenship. During the nineteenth century, the popular concept of American freedom of speech was still being formed. In An Indispensable Liberty: The Fight for Free Speech in Nineteenth-Century America, contributors examine attempts to restrict freedom of speech and the press during and after the Civil War. The eleven essays that make up this collection show how, despite judicial, political, and public proclamations of support for freedom of expression, factors like tradition, gender stereotypes, religion, and fear of social unrest often led to narrow judicial and political protection for freedom of expression by people whose views upset the status quo. These views, expressed by abolitionists, suffragists, and labor leaders, challenged rigid cultural mores of the day, and many political and cultural leaders feared that extending freedom of expression to agitators would undermine society. The Civil War intensified questions about the duties and privileges of citizenship. After the war, key conflicts over freedom of expression were triggered by Reconstruction, suffrage, the Comstock Act, and questions about libel. The volume’s contributors blend social, cultural, and intellectual history to untangle the complicated strands of nineteenth-century legal thought. By chronicling the development of modern-day notions of free speech, this timely collection offers both a valuable exploration of the First Amendment in nineteenth-century America and a useful perspective on the challenges we face today.

Necro Citizenship

Author: Russ Castronovo
Publisher: Duke University Press
ISBN: 0822380145
Format: PDF, Mobi
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In Necro Citizenship Russ Castronovo argues that the meaning of citizenship in the United States during the nineteenth century was bound to—and even dependent on—death. Deploying an impressive range of literary and cultural texts, Castronovo interrogates an American public sphere that fetishized death as a crucial point of political identification. This morbid politics idealized disembodiment over embodiment, spiritual conditions over material ones, amnesia over history, and passivity over engagement. Moving from medical engravings, séances, and clairvoyant communication to Supreme Court decisions, popular literature, and physiological tracts, Necro Citizenship explores how rituals of inclusion and belonging have generated alienation and dispossession. Castronovo contends that citizenship does violence to bodies, especially those of blacks, women, and workers. “Necro ideology,” he argues, supplied citizens with the means to think about slavery, economic powerlessness, or social injustice as eternal questions, beyond the scope of politics or critique. By obsessing on sleepwalkers, drowned women, and other corpses, necro ideology fostered a collective demand for an abstract even antidemocratic sense of freedom. Examining issues involving the occult, white sexuality, ghosts, and suicide in conjunction with readings of Harriet Jacobs, Ralph Waldo Emerson, Frederick Douglass, Nathaniel Hawthorne, and Frances Harper, Necro Citizenship successfully demonstrates why Patrick Henry's “give me liberty or give me death” has resonated so strongly in the American imagination.

A Companion to 19th Century America

Author: William Barney
Publisher: John Wiley & Sons
ISBN: 0470998466
Format: PDF, ePub, Mobi
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A Companion to 19th-Century America is an authoritative overview of current historiographical developments and major themes in the history of nineteenth-century America. Twenty-seven scholars, all specialists in their own thematic areas, examine the key debates and historiography. A thematic and chronological organization brings together the major time periods, politics, the Civil War, economy, and social and cultural history of the nineteenth century. Written with the general reader in mind, each essay surveys the historical research, the emerging concerns, and assesses the future direction of scholarship. Complete coverage of all the major themes and current debates in nineteenth-century US history assessing the state of the scholarship and future concerns. 24 original essays by leading experts in nineteenth-century American history complete with up-to-date bibliographies. Chronological and thematic organization covers both traditional and contemporary fields of research - politics, periods, economy, class formation, ethnicity, gender roles, regions, culture and ideas.

The Foundations of Anglo American Corporate Fiduciary Law

Author: David Kershaw
Publisher: Cambridge University Press
ISBN: 1108651135
Format: PDF, ePub, Mobi
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This book explores the foundations and evolution of modern corporate fiduciary law in the United States and the United Kingdom. Today US and UK fiduciary law provide very different approaches to the regulation of directorial behaviour. However, as the book shows, the law in both jurisdictions borrowed from the same sources in eighteenth- and nineteenth-century English fiduciary and commercial law. The book identifies the shared legal foundations and authorities and explores the drivers of corporate fiduciary law's contemporary divergence. In so doing it challenges the prevailing accounts of corporate legal change and stability in the US and the UK.

The Many Legalities of Early America

Author: Christopher L. Tomlins
Publisher: UNC Press Books
ISBN: 0807839086
Format: PDF, ePub, Docs
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This collection of seventeen original essays reshapes the field of early American legal history not by focusing simply on law, or even on the relationship between law and society, but by using the concept of "legality" to explore the myriad ways in which the people of early America ordered their relationships with one another, whether as individuals, groups, classes, communities, or states. Addressing issues of gender, ethnicity, family, patriarchy, culture, and dependence, contributors explore the transatlantic context of early American law, the negotiation between European and indigenous legal cultures, the multiple social contexts of the rule of law, and the transformation of many legalities into an increasingly uniform legal culture. Taken together, these essays reveal the extraordinary diversity and complexity of the roots of early America's legal culture. Contributors are Mary Sarah Bilder, Holly Brewer, James F. Brooks, Richard Lyman Bushman, Christine Daniels, Cornelia Hughes Dayton, David Barry Gaspar, Katherine Hermes, John G. Kolp, David Thomas Konig, James Muldoon, William M. Offutt Jr., Ann Marie Plane, A. G. Roeber, Terri L. Snyder, and Linda L. Sturtz.

The Routledge Research Companion to Law and Humanities in Nineteenth Century America

Author: Nan Goodman
Publisher: Taylor & Francis
ISBN: 1317042972
Format: PDF, Docs
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Nineteenth-century America witnessed some of the most important and fruitful areas of intersection between the law and humanities, as people began to realize that the law, formerly confined to courts and lawyers, might also find expression in a variety of ostensibly non-legal areas such as painting, poetry, fiction, and sculpture. Bringing together leading researchers from law schools and humanities departments, this Companion touches on regulatory, statutory, and common law in nineteenth-century America and encompasses judges, lawyers, legislators, litigants, and the institutions they inhabited (courts, firms, prisons). It will serve as a reference for specific information on a variety of law- and humanities-related topics as well as a guide to understanding how the two disciplines developed in tandem in the long nineteenth century.

Law and the Borders of Belonging in the Long Nineteenth Century United States

Author: Barbara Young Welke
Publisher: Cambridge University Press
ISBN: 9780521152259
Format: PDF, ePub
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For more than a generation, historians and legal scholars have documented inequalities at the heart of American law and daily life and exposed inconsistencies in the generic category of "American citizenship." Welke draws on that wealth of historical, legal, and theoretical scholarship to offer a new paradigm of liberal selfhood and citizenship from the founding of the United States through the 1920s. Law and the Borders of Belonging questions understanding this period through a progressive narrative of expanding rights, revealing that it was characterized instead by a sustained commitment to borders of belonging of liberal selfhood, citizenship, and nation in which able white men's privilege depended on the subject status of disabled persons, racialized others, and women. Welke's conclusions pose challenging questions about the modern liberal democratic state that extend well beyond the temporal and geographic boundaries of the long nineteenth century United States.

Picture Freedom

Author: Jasmine Nichole Cobb
Publisher: NYU Press
ISBN: 1479817228
Format: PDF, ePub
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In the decades leading up to the end of U.S. slavery, many free Blacks sat for daguerreotypes decorated in fine garments to document their self-possession. People pictured in these early photographs used portraiture to seize control over representation of the free Black body and reimagine Black visuality divorced from the cultural logics of slavery. In Picture Freedom, Jasmine Nichole Cobb analyzes the ways in which the circulation of various images prepared free Blacks and free Whites for the emancipation of formerly unfree people of African descent. She traces the emergence of Black freedom as both an idea and as an image during the early nineteenth century. Through an analysis of popular culture of the period—including amateur portraiture, racial caricatures, joke books, antislavery newspapers, abolitionist materials, runaway advertisements, ladies’ magazines, and scrapbooks, as well as scenic wallpaper—Cobb explores the earliest illustrations of free Blacks and reveals the complicated route through visual culture toward a vision of African American citizenship. Picture Freedom reveals how these depictions contributed to public understandings of nationhood, among both domestic eyes and the larger Atlantic world.

The Myth of the Imperial Judiciary

Author: Mark Kozlowski
Publisher: NYU Press
ISBN: 0814749291
Format: PDF, ePub, Docs
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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.