The Genesis of Nineteenth-Century Civil Codes in the United States


Book Description

Starting in Louisiana in the early nineteenth century, this book takes the reader on a journey through the USA and the development of their civil codes. From Georgia and New York, civil codes traveled to California and Dakota Territory; in the Great Plains, they made their way to Montana, North Dakota, and South Dakota by the end of the century. Unveiling the history of nineteenth-century civil codes in the USA, this book examines their origin stories, circulation, and usage by focusing on the social-historical context of their drafting and legal concepts. “Rocheton's work, published four decades after Cook's book on ‘The American Codification Movement,’ contains an exhaustive and insightful analysis of nineteenth-century civil codes. It thoroughly discusses their context, how they were conceived, discussed, drafted and approved, their main foreign influences and content, and their practical operation." - Aniceto Masferrer, University of Valencia “While there is a vast corpus of literature on codification and, more specifically, civil codes in the civil law tradition, it is much less known that six US states codified their private laws during the 19th century. This book tells the fascinating story. Spoiler alert: it’s a family affair.” - Stefan Vogenauer, Max Planck Institute for Legal History and Legal Theory




Roman and Civil Law and the Development of Anglo-American Jurisprudence in the Nineteenth Century


Book Description

Seeking to fill a gap in our knowledge of the legal history of the nineteenth century, this volume studies the influence of Roman and civil law upon the development of common law jurisdictions in the United States and in Great Britain. M. H. Hoeflich examines the writings of a variety of prominent Anglo-American legal theorists to show how Roman and civil law helped common law thinkers develop their own theories. Intellectual leaders in law in the United States and Great Britain used Roman and civil law in different ways at different times. The views of these lawyers were greatly respected even by nonlawyers, and most of them wrote to influence a wider public. By filling in the gaps in the history of jurisprudence, this volume also provides greater understanding of the development of Anglo-American culture and society.




The People’s Welfare


Book Description

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.




The Constitution, Law, and American Life


Book Description

The eight essays collected in The Constitution, Law, and American Life imaginatively explore the interrelationship between law and society in nineteenth-century America and encompass in their discussion some of the major historical issues of the era. Featuring contributions by leading scholars in the field, the volume reflects the freshness and diversity of contemporary legal history. In a wide-ranging essay examining the social, cultural, intellectual, and moral underpinnings of nineteenth-century law, Michael Les Benedict recreates the world view that informed Victorian legal culture and offers a bold reinterpretation of the legal order of the period. Two essays focus on the relationship between slavery and the law. Phillip Shaw Paludan provides a compelling challenge to conventional wisdom about the framers of the Constitution and their attitudes toward slavery, while Paul Finkelman's treatment of the South Bend fugitive slave rescue of 1849 offers a case study of the unbearable pressures that slavery placed on the legal process. Revealing the creative uses of law by white women and African Americans, Norma Basch and Donald G. Nieman show that constitutional principles afforded both groups the means to challenge oppression. These principles, they argue, played a pivotal role in movements that had their genesis in the nineteenth century and have transformed American life in our own time--the women's rights movement and the black struggle for freedom. Two essays focus on the law and social deviance. David T. Courtwright examines the social and legal forces that shaped the legal response to drug addiction. John S. Hughes shows how commitment law afforded ordinary families in pre-Civil War Alabama a means to cope with domestic problems, including spouse abuse, incest, and alcoholism. Exploring the relation between law and urbanization, Harold L. Platt demonstrates that, contrary to received wisdom, reformers of the Gilded Age made creative use of law to cope with the problems created by runaway urban growth and economic development. The individual essays collected in The Constitution, Law, and American Life are fascinating and provocative; taken together, they make a significant contribution to constitutional-legal history of the nineteenth century.




Governing the Hearth


Book Description

Presenting a new framework for understanding the complex but vital relationship between legal history and the family, Michael Grossberg analyzes the formation of legal policies on such issues as common law marriage, adoption, and rights for illegitimate children. He shows how legal changes diminished male authority, increased women's and children's rights, and fixed more clearly the state's responsibilities in family affairs. Grossberg further illustrates why many basic principles of this distinctive and powerful new body of law--antiabortion and maternal biases in child custody--remained in effect well into the twentieth century.




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


Book Description

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.




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


Book Description

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.




Encyclopedia of the United States in the Nineteenth Century: Abolition and antislavery-government


Book Description

"The 19th century was arguably the most important in the nation's history, making the publication of this first-rate encyclopedia a significant event. Students using this 600-entry work, which is conveniently keyed to the National Standards for United States History, will find the entries easy to follow and enjoyable to read. It is an essential purchase for all public and academic libraries."--"Outstanding Reference Sources," American Libraries, May 2002.




The Santillana Codes


Book Description

This book examines the Santillana Codes, legal instruments which form a distinct class of uniquely African civil code and are still in force today in a legal arc that extends from the Maghreb to the Sahel. Stigall presents the history of Santillana’s seminal legislative effort and provides a comparative analysis of the substance of those codes, illuminating commonalities between Islamic law and European legal systems.




The Columbia Guide to American Women in the Nineteenth Century


Book Description

A convenient handbook of dates, names, terms, and resources as well as a highly readable overview of the pivotal role of women in a century of profound political and social change. The authors emphasize areas in which scholars have identified important changes (such as suffrage and reform), topics in which researchers are now making great strides (such as racial, ethnic, religious, and regional diversity), and innovative and relatively recent explorations (for example, work on female sexuality).