Author : Maxwell H. Bloomfield
Publisher : Cambridge, Mass. : Harvard University Press
Page : 424 pages
File Size : 46,13 MB
Release : 1976
Category : Law
ISBN :
American Lawyers in a Changing Society, 1776-1876 focuses on the interactions between law, lawyers, and American society taking into account not only the influence that bench and bar wielded over the lay public, but also the equally important restraints that societal norms imposed upon the thinking and behavior of the professional classes.
Author : Peter Charles Hoffer
Publisher : Cornell University Press
Page : 212 pages
File Size : 10,91 MB
Release : 2018-10-15
Category : History
ISBN : 1501726099
The Clamor of Lawyers explores a series of extended public pronouncements that British North American colonial lawyers crafted between 1761 and 1776. Most, though not all, were composed outside of the courtroom and detached from on-going litigation. While they have been studied as political theory, these writings and speeches are rarely viewed as the work of active lawyers, despite the fact that key protagonists in the story of American independence were members of the bar with extensive practices. The American Revolution was, in fact, a lawyers’ revolution. Peter Charles Hoffer and Williamjames Hull Hoffer broaden our understanding of the role that lawyers played in framing and resolving the British imperial crisis. The revolutionary lawyers, including John Adams’s idol James Otis, Jr., Pennsylvania’s John Dickinson, and Virginians Thomas Jefferson and Patrick Henry, along with Adams and others, deployed the skills of their profession to further the public welfare in challenging times. They were the framers of the American Revolution and the governments that followed. Loyalist lawyers and lawyers for the crown also participated in this public discourse, but because they lost out in the end, their arguments are often slighted or ignored in popular accounts. This division within the colonial legal profession is central to understanding the American Republic that resulted from the Revolution.
Author : Thomas D. Morgan
Publisher : Oxford University Press
Page : 260 pages
File Size : 35,58 MB
Release : 2010-02-01
Category : Law
ISBN : 019974937X
Over 4,000 lawyers lost their positions at major American law firms in 2008 and 2009. In The Vanishing American Lawyer, Professor Thomas Morgan discusses the legal profession and the need for both law students and lawyers to adapt to the needs and expectations of clients in the future. The world needs people who understand institutions that create laws and how to access those institutions' works, but lawyers are no longer part of a profession that is uniquely qualified to advise on a broad range of distinctly legal questions. Clients will need advisors who are more specialized than many lawyers are today and who have more expertise in non-legal issues. Many of today's lawyers do not have a special ability to provide such services. While American lawyers have been hesitant to change the ways they can improve upon meeting client needs, lawyers in other countries, notably Great Britain and Australia, have been better at adapting. Law schools must also recognize the world their students will face and prepare them to operate successfully within it. Professor Morgan warns that lawyers must adapt to new client needs and expectations. The term "professional" should be applied to individuals who deserve praise for skilled and selfless efforts, but this term may lead to occupational suicide if it becomes a justification for not seeing and adapting to the world ahead.
Author : Morton J. Horwitz
Publisher : Harvard University Press
Page : 382 pages
File Size : 50,41 MB
Release : 1977
Category : History
ISBN : 9780674903715
In a remarkable book based on prodigious research, Morton J. Horwitz offers a sweeping overview of the emergence of a national (and modern) legal system from English and colonial antecedents. He treats the evolution of the common law as intellectual history and also demonstrates how the shifting views of private law became a dynamic element in the economic growth of the United States. Horwitz's subtle and sophisticated explanation of societal change begins with the common law, which was intended to provide justice for all. The great breakpoint came after 1790 when the law was slowly transformed to favor economic growth and development. The courts spurred economic competition instead of circumscribing it. This new instrumental law flourished as the legal profession and the mercantile elite forged a mutually beneficial alliance to gain wealth and power. The evolving law of the early republic interacted with political philosophy, Horwitz shows. The doctrine of laissez-faire, long considered the cloak for competition, is here seen as a shield for the newly rich. By the 1840s the overarching reach of the doctrine prevented further distribution of wealth and protected entrenched classes by disallowing the courts very much power to intervene in economic life. This searching interpretation, which connects law and the courts to the real world, will engage historians in a new debate. For to view the law as an engine of vast economic transformation is to challenge in a stunning way previous interpretations of the eras of revolution and reform.
Author : Kate Elizabeth Brown
Publisher : University Press of Kansas
Page : 320 pages
File Size : 19,66 MB
Release : 2017-08-25
Category : History
ISBN : 0700624805
Alexander Hamilton is commonly seen as the standard-bearer of an ideology-turned-political party, the Federalists, engaged in a struggle for the soul of the young United States against the Anti-Federalists, and later, the Jeffersonian Republicans. Alexander Hamilton and the Development of American Law counters such conventional wisdom with a new, more nuanced view of Hamilton as a true federalist, rather than a one-dimensional nationalist, whose most important influence on the American founding is his legal legacy. In this analytical biography, Kate Elizabeth Brown recasts our understanding of Hamilton's political career, his policy achievements, and his significant role in the American founding by considering him first and foremost as a preeminent lawyer who applied law and legal arguments to accomplish his statecraft. In particular, Brown shows how Hamilton used inherited English legal principles to accomplish his policy goals, and how state and federal jurists adapted these Hamiltonian principles into a distinct, republican jurisprudence throughout the nineteenth century. When writing his authoritative commentary on the nature of federal constitutional power in The Federalist, Hamilton juxtaposed the British constitution with the new American one he helped to create; when proposing commercial, monetary, banking, administrative, or foreign policy in Washington's cabinet, he used legal arguments to justify his desired course of action. In short, lawyering, legal innovation, and common law permeated Alexander Hamilton's professional career. Re-examining Hamilton's post-war accomplishments through the lens of law, Brown demonstrates that Hamilton's much-studied political career, as well as his contributions to republican political science, cannot be fully understood without recognizing and investigating how Hamilton used Anglo-American legal principles to achieve these ends. A critical re-evaluation of Hamilton's legacy, as well as his place in the founding era, Brown’s work also enhances and refines our understanding of the nature and history of American jurisprudence.
Author : Catherine Ross Nickerson
Publisher : Duke University Press
Page : 300 pages
File Size : 43,2 MB
Release : 1998
Category : Fiction
ISBN : 9780822322719
Post-Civil War detective fiction, written mostly by women, considered in relation to other forms of sentimental and domestic fiction.
Author : Lawrence M. Friedman
Publisher : Simon and Schuster
Page : 786 pages
File Size : 42,80 MB
Release : 2010-06-15
Category : Law
ISBN : 1451602669
A History of American Law has become a classic for students of law, American history and sociology across the country. 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, slavery, government, crime and justice. Now Professor Friedman has completely revised and enlarged his landmark work, incorporating a great deal of new material. The book contains newly expanded notes, a bibliography and a bibliographical essay.
Author : Thomas J. Brown
Publisher : Oxford University Press
Page : 257 pages
File Size : 38,32 MB
Release : 2008-09-23
Category : History
ISBN : 0199723974
The pivotal era of Reconstruction has inspired an outstanding historical literature. In the half-century after W.E.B. DuBois published Black Reconstruction in America (1935), a host of thoughtful and energetic authors helped to dismantle racist stereotypes about the aftermath of emancipation and Union victory in the Civil War. The resolution of long-running interpretive debates shifted the issues at stake in Reconstruction scholarship, but the topic has remained a vital venue for original exploration of the American past. In Reconstructions: New Perspectives on the Postbellum United States, eight rising historians survey the latest generation of work and point to promising directions for future research. They show that the field is opening out to address a wider range of adjustments to the experiences and effects of Civil War. Increased interest in cultural history now enriches understandings traditionally centered on social and political history. Attention to gender has joined a focus on labor as a powerful strategy for analyzing negotiations over private and public authority. The contributors suggest that Reconstruction historiography might further thrive by strengthening connections to such subjects as western history, legal history, and diplomatic history, and by redefining the chronological boundaries of the postwar period. The essays provide more than a variety of attractive vantage points for fresh examination of a major phase of American history. By identifying the most exciting recent approaches to a theme previously studied so ably, the collection illuminates the creative process in scholarly historical literature.
Author : Joanne B. Freeman
Publisher : Farrar, Straus and Giroux
Page : 480 pages
File Size : 50,68 MB
Release : 2018-09-11
Category : History
ISBN : 0374717613
The previously untold story of the violence in Congress that helped spark the Civil War In The Field of Blood, Joanne B. Freeman recovers the long-lost story of physical violence on the floor of the U.S. Congress. Drawing on an extraordinary range of sources, she shows that the Capitol was rife with conflict in the decades before the Civil War. Legislative sessions were often punctuated by mortal threats, canings, flipped desks, and all-out slugfests. When debate broke down, congressmen drew pistols and waved Bowie knives. One representative even killed another in a duel. Many were beaten and bullied in an attempt to intimidate them into compliance, particularly on the issue of slavery. These fights didn’t happen in a vacuum. Freeman’s dramatic accounts of brawls and thrashings tell a larger story of how fisticuffs and journalism, and the powerful emotions they elicited, raised tensions between North and South and led toward war. In the process, she brings the antebellum Congress to life, revealing its rough realities—the feel, sense, and sound of it—as well as its nation-shaping import. Funny, tragic, and rivetingly told, The Field of Blood offers a front-row view of congressional mayhem and sheds new light on the careers of John Quincy Adams, Henry Clay, and other luminaries, as well as introducing a host of lesser-known but no less fascinating men. The result is a fresh understanding of the workings of American democracy and the bonds of Union on the eve of their greatest peril.
Author : M. H. Hoeflich
Publisher : Cambridge University Press
Page : pages
File Size : 16,98 MB
Release : 2010-04-26
Category : History
ISBN : 1139488058
Legal Publishing in Antebellum America presents a history of the law book publishing and distribution industry in the United States. Part business history, part legal history, part history of information diffusion, M. H. Hoeflich shows how various developments in printing and bookbinding, the introduction of railroads, and the expansion of mail service contributed to the growth of the industry from an essentially local industry to a national industry. Furthermore, the book ties the spread of a particular approach to law, that is, the 'scientific approach', championed by Northeastern American jurists to the growth of law publishing and law book selling and shows that the two were critically intertwined.
