The Common Law in Colonial America

The Chesapeake and New England, 1660-1750
Author: William E. Nelson
Publisher: Oxford University Press
ISBN: 0190465050
Category: Law
Page: 240
View: 3648
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William E. Nelson here proposes a new beginning in the study of colonial legal history. Examining all archival legal material for the period 1607-1776 and synthesizing existing scholarship in a four-volume series, The Common Law in Colonial America shows how the legal systems of Britain's thirteen North American colonies--initially established in response to divergent political, economic, and religious initiatives--slowly converged into a common American legal order that differed substantially from English common law. Drawing on groundbreaking and overwhelmingly in-depth research into local court records and statutes, the first volume explores how the law of the Chesapeake colonies--Virginia and Maryland--diverged sharply from the New England colonies--Massachusetts Bay, Connecticut, New Haven, Plymouth, and Rhode Island--and traces the roots of these dissimilarities from their initial settlement until approximately 1660. Nelson pointedly examines the disparate motives of the legal systems in the respective colonies as they dealt with religion, price and labor regulations, crimes, public morals, the status of women, and the enforcement of contractual obligations. He reveals how Virginians' zeal for profit led to a harsh legal framework that efficiently squeezed payment out of debtors and labor out of servants; whereas the laws of Massachusetts were primarily concerned with the preservation of local autonomy and the moral values of family-centered farming communities. The law in the other New England colonies, Nelson argues, gravitated towards the Massachusetts model, while Maryland's law, gravitated toward that of Virginia. Comprehensive, authoritative, and extensively researched, The Common Law in Colonial America, Volume 1: The Chesapeake and New England, 1607-1660 is the definitive resource on the beginnings of the common law and its evolution during this vibrant era in America's history.

The Common Law in Colonial America

The Chesapeake and New England, 1660-1750
Author: William E. Nelson
Publisher: Oxford University Press
ISBN: 0190465050
Category: Law
Page: 240
View: 5607
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William E. Nelson here proposes a new beginning in the study of colonial legal history. Examining all archival legal material for the period 1607-1776 and synthesizing existing scholarship in a four-volume series, The Common Law in Colonial America shows how the legal systems of Britain's thirteen North American colonies--initially established in response to divergent political, economic, and religious initiatives--slowly converged into a common American legal order that differed substantially from English common law. Drawing on groundbreaking and overwhelmingly in-depth research into local court records and statutes, the first volume explores how the law of the Chesapeake colonies--Virginia and Maryland--diverged sharply from the New England colonies--Massachusetts Bay, Connecticut, New Haven, Plymouth, and Rhode Island--and traces the roots of these dissimilarities from their initial settlement until approximately 1660. Nelson pointedly examines the disparate motives of the legal systems in the respective colonies as they dealt with religion, price and labor regulations, crimes, public morals, the status of women, and the enforcement of contractual obligations. He reveals how Virginians' zeal for profit led to a harsh legal framework that efficiently squeezed payment out of debtors and labor out of servants; whereas the laws of Massachusetts were primarily concerned with the preservation of local autonomy and the moral values of family-centered farming communities. The law in the other New England colonies, Nelson argues, gravitated towards the Massachusetts model, while Maryland's law, gravitated toward that of Virginia. Comprehensive, authoritative, and extensively researched, The Common Law in Colonial America, Volume 1: The Chesapeake and New England, 1607-1660 is the definitive resource on the beginnings of the common law and its evolution during this vibrant era in America's history.

Law and Sexual Misconduct in New England, 1650-1750

Steering Toward England
Author: Abby Chandler
Publisher: Routledge
ISBN: 1317107799
Category: History
Page: 200
View: 9612
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Having arriving in the Province of Maine in 1641 with a brief to create both government and law for the fledgling colony, Thomas Gorges later recorded his policy as having ’steared as neere as we could to the course of Ingland’. Over the course of the next century the various colonial administrations all consciously measured their laws against that of England, whether their intention was imitation of or conscious opposition to, established English legal system. In order to trace the shifting and contested relationships between colonial laws and English laws, this book focuses on the prosecution of sexual misconduct. All crimes can threaten orderly society but no other crime posed quite the same long term implications as illicit sex resulting in the birth of illegitimate children who became their own social challenges. Sexual misconduct was, consequently, a major concern for early modern leaders, making it a particularly fruitful subject for studying the complex relationship between laws in England and laws in the English colonies. Political and ecclesiastical leaders create laws to coerce people to behave in a certain fashion and to convey wider messages about the societies they govern. When those same laws are broken, lawbreakers must be tried and punished by a means intended to serve as a warning to other would-be lawbreakers. In this book the two-part analysis of changing sexual misconduct laws and the resulting trial depositions highlights the ways in which ordinary New England colonists across New England both interacted with and responded to the growing Anglicization of their legal systems and makes the argument that these men and women saw themselves as taking part in a much larger process.

The Cambridge Companion to the United States Constitution


Author: Karen Orren,John Compton
Publisher: Cambridge University Press
ISBN: 1108340350
Category: Political Science
Page: N.A
View: 6072
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This Companion provides a broad, historically informed introduction to the study of the US constitutional system. In place of the usual laundry lists of cases, doctrines, and theories, it presents a picture of the constitutional system in action, with separate sections devoted to constitutional principles, organizational structures, and the various legal and extra-legal 'actions' through which litigators and average citizens have attempted to bring about constitutional change. Finally, the volume covers a number of subjects that are rarely discussed in works aimed at a general audience, but which are critical to ensuring that constitutional rights are honored in the day-to-day lives of citizens. These include standing and causes of action, suits against officeholders, and the inner workings of the Foreign Intelligence Surveillance Court (FISC). This Companion places present-day constitutional controversies in historical context, and offers insights from a range of disciplines, including history, political science, and law.

The World of Colonial America

An Atlantic Handbook
Author: Ignacio Gallup-Diaz
Publisher: Routledge
ISBN: 131766213X
Category: History
Page: 416
View: 4069
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The World of Colonial America: An Atlantic Handbook offers a comprehensive and in-depth survey of cutting-edge research into the communities, cultures, and colonies that comprised colonial America, with a focus on the processes through which communities were created, destroyed, and recreated that were at the heart of the Atlantic experience. With contributions written by leading scholars from a variety of viewpoints, the book explores key topics such as -- The Spanish, French, and Dutch Atlantic empires -- The role of the indigenous people, as imperial allies, trade partners, and opponents of expansion -- Puritanism, Protestantism, Catholicism, and the role of religion in colonization -- The importance of slavery in the development of the colonial economies -- The evolution of core areas, and their relationship to frontier zones -- The emergence of the English imperial state as a hegemonic world power after 1688 -- Regional developments in colonial North America. Bringing together leading scholars in the field to explain the latest research on Colonial America and its place in the Atlantic World, this is an important reference for all advanced students, researchers, and professionals working in the field of early American history or the age of empires.

Give Me Liberty! An American History

Fifth Edition, One Volume
Author: Eric Foner
Publisher: W. W. Norton & Company
ISBN: 039328316X
Category: History
Page: 1320
View: 3509
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Give Me Liberty! is the #1 book in the U.S. history survey course because it works in the classroom. A single-author text by a leader in the field, Give Me Liberty! delivers an authoritative, accessible, concise, and integrated American history. Updated with powerful new scholarship on borderlands and the West, the Fifth Edition brings new interactive History Skills Tutorials and Norton InQuizitive for History, the award-winning adaptive quizzing tool.

Comparative Matters

The Renaissance of Comparative Constitutional Law
Author: Ran Hirschl
Publisher: Oxford University Press, USA
ISBN: 0198714513
Category: Law
Page: 304
View: 9275
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Through an extensive exploration of comparative constitutional endeavours past and present, near and far, Ran Hirschl shows how attitudes towards engagement with the constitutive laws of others reflect tensions between particularism and universalism as well as competing visions of who 'we' are as a political community. Drawing on insights from social theory, religion, history, political science, and public law, Hirschl argues for an interdisciplinary approach tocomparative constitutionalism that is methodologically and substantively preferable to merely doctrinal accounts. The future of comparative constitutional studies, he contends, lies in relaxing thesharp divide between constitutional law and the social sciences.

Creatures of Empire

How Domestic Animals Transformed Early America
Author: Virginia DeJohn Anderson
Publisher: Oxford University Press, USA
ISBN: 9780195304466
Category: History
Page: 322
View: 2120
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Presenting history in a new light, this original work highlights the pivotal role that livestock played in early America. 2 maps, 8 halftones.

Slavery and the British Empire

From Africa to America
Author: Kenneth Morgan
Publisher: N.A
ISBN: 0191566276
Category: History
Page: 221
View: 3508
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This is an introduction to the entire history of British involvement with slavery and the slave trade, which especially focuses on the two centuries from 1650, and covers the Atlantic world, especially North America and the West Indies, as well as the Cape Colony, Mauritius, and India. -;Slavery and the British Empire provides a clear overview of the entire history of British involvement with slavery and the slave trade, from the Cape Colony to the Caribbean. The book combines economic, social, political, cultural, and demographic history, with a particular focus on the Atlantic world and the plantations of North America and the West Indies from the mid-seventeenth century onwards. Kenneth Morgan analyses the distribution of slaves within the empire and how this changed over time; the world of merchants and planters; the organization and impact of the triangular slave trade; the work and culture of the enslaved; slave demography; health and family life; resistance and rebellions; the impact of the anti-slavery movement; and the abolition of the British slave trade in 1807 and of slavery itself in most of the British empire in 1834. As well as providing the ideal introduction to the history of British involvement in the slave trade, this book also shows just how deeply embedded slavery was in British domestic and imperial history - and just how long it took for British involvement in slavery to die, even after emancipation. -;...a clear overview of the entire history of British involvement with slavery and the slave trade - Spartacus Review

Formalizing Displacement

International Law and Population Transfers
Author: Umut Özsu
Publisher: Oxford University Press, USA
ISBN: 0198717431
Category: Law
Page: 169
View: 8219
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Large-scale population transfers are immensely disruptive. Interestingly, though, their legal status has shifted considerably over time. In this book, Umut Özsu situates population transfer within the broader history of international law by examining its emergence as a legally formalized mechanism of nation-building in the early twentieth century. The book's principal focus is the 1922-34 compulsory exchange of minorities between Greece and Turkey, a crucially important endeavor whose legal dimensions remain under-scrutinized. Drawing upon historical sociology and economic history in addition to positive international law, the book interrogates received assumptions about international law's history by exploring the 'semi-peripheral' context within which legally formalized population transfers came to arise. Supported by the League of Nations, the 1922-34 population exchange reconfigured the demographic composition of Greece and Turkey with the aim of stabilizing a region that was regarded neither as European nor as non-European. The scope and ambition of the undertaking was staggering: over one million were expelled from Turkey, and over a quarter of a million were expelled from Greece. The book begins by assessing minority protection's development into an instrument of intra-European governance during the course of the nineteenth and early twentieth centuries. It then shows how population transfer emerged in the 1910s and 1920s as a radical alternative to minority protection in Anatolia and the Balkans, focusing in particular on the 1922-3 Conference of Lausanne, at which a peace settlement formalizing the compulsory Greek-Turkish exchange was concluded. Finally, it analyses the Permanent Court of International Justice's 1925 advisory opinion in Exchange of Greek and Turkish Populations, contextualizing it in the wide-ranging debates concerning humanitarianism and internationalism that pervaded much of the exchange process.

English Common Law in the Early American Colonies


Author: Paul Samuel Reinsch
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584774878
Category: History
Page: 64
View: 3826
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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.

Freedom Bound

Law, Labor, and Civic Identity in Colonizing English America, 1580–1865
Author: Christopher Tomlins
Publisher: Cambridge University Press
ISBN: 9781139490931
Category: History
Page: N.A
View: 1132
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Freedom Bound is about the origins of modern America - a history of colonizing, work and civic identity from the beginnings of English presence on the mainland until the Civil War. It is a history of migrants and migrations, of colonizers and colonized, of households and servitude and slavery, and of the freedom all craved and some found. Above all it is a history of the law that framed the entire process. Freedom Bound tells how colonies were planted in occupied territories, how they were populated with migrants - free and unfree - to do the work of colonizing and how the newcomers secured possession. It tells of the new civic lives that seemed possible in new commonwealths and of the constraints that kept many from enjoying them. It follows the story long past the end of the eighteenth century until the American Civil War, when - just for a moment - it seemed that freedom might finally be unbound.

Dictionary of National Biography: Index and Epitome


Author: N.A
Publisher: N.A
ISBN: N.A
Category:
Page: N.A
View: 3649
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Strange New Land

Africans in Colonial America
Author: Peter H. Wood
Publisher: Oxford University Press
ISBN: 0195158237
Category: Juvenile Nonfiction
Page: 110
View: 6778
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Offers a history of Africans in North America from the first arrivals in 1526 through the Revolutionary War.

Dictionary of National Biography

Index and Epitome
Author: Sir Sidney Lee
Publisher: N.A
ISBN: N.A
Category: Great Britain
Page: 1456
View: 1981
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Puritan Family


Author: Edmund S. Morgan
Publisher: Harper Collins
ISBN: 0061312274
Category: History
Page: 208
View: 3379
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The Puritans came to New England not merely to save their souls but to establish a "visible" kingdom of God, a society where outward conduct would be according to God's laws. This book discusses the desire of the Puritans to be socially virtuous and their wish to force social virtue upon others.

What Blood Won't Tell


Author: Ariela Julie Gross
Publisher: Harvard University Press
ISBN: 0674037979
Category: History
Page: 380
View: 9899
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Unearthing the legal history of racial identity, Gross’s book examines the paradoxical and often circular relationship of race and the perceived capacity for citizenship in American society.

The Defining Moments in Bengal

1920–1947
Author: Sabyasachi Bhattacharya
Publisher: Oxford University Press
ISBN: 0199089345
Category: History
Page: 419
View: 5119
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This work explores some of the constitutive elements in the life and mind of Bengal in the twentieth century. The author addresses some frequently unasked questions about the history of modern Bengal. In what way was twentieth-century Bengal different from 'Renaissance' Bengal of the late-nineteenth century? How was a regional identity consciousness redefined? Did the lineaments of politics in Bengal differ from the pattern in the rest of India? What social experiences drove the Muslim community's identity perception? How did Bengal cope with such crises as the impact of World War II, the famine of 1943 and the communal clashes that climaxed with the Calcutta riots of 1946? The author has chosen a significant period in the history of the region and draws on a wealth of sources archival and published documents, mainstream dailies, a host of rare Bengali magazines, memoirs and the literature of the time to tell his story. Looking closely at the momentous changes taking place in the region's economy, politics and socio-cultural milieu in the historically transformative years 1920-47, this book highlights myriad issues that cast a shadow on the decades that followed, arguably till our times.

Foul Means


Author: Anthony S. Parent Jr.
Publisher: UNC Press Books
ISBN: 0807839132
Category: History
Page: 312
View: 3668
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Challenging the generally accepted belief that the introduction of racial slavery to America was an unplanned consequence of a scarce labor market, Anthony Parent, Jr., contends that during a brief period spanning the late seventeenth and early eighteenth centuries a small but powerful planter class, acting to further its emerging economic interests, intentionally brought racial slavery to Virginia. Parent bases his argument on three historical developments: the expropriation of Powhatan lands, the switch from indentured to slave labor, and the burgeoning tobacco trade. He argues that these were the result of calculated moves on the part of an emerging great planter class seeking to consolidate power through large landholdings and the labor to make them productive. To preserve their economic and social gains, this planter class inscribed racial slavery into law. The ensuing racial and class tensions led elite planters to mythologize their position as gentlemen of pastoral virtue immune to competition and corruption. To further this benevolent image, they implemented a plan to Christianize slaves and thereby render them submissive. According to Parent, by the 1720s the Virginia gentry projected a distinctive cultural ethos that buffered them from their uncertain hold on authority, threatened both by rising imperial control and by black resistance, which exploded in the Chesapeake Rebellion of 1730.

America, History and Life


Author: Eric H. Boehm
Publisher: N.A
ISBN: N.A
Category: United States
Page: N.A
View: 6274
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Provides historical coverage of the United States and Canada from prehistory to the present. Includes information abstracted from over 2,000 journals published worldwide.