History has largely forgotten the writings, both public and
private, of early nineteenth-century America's legal scholars.
However, Ellen Holmes Pearson argues that the observers from this
era had a unique perspective on the young nation and the directions
in which its legal culture might go.
"Remaking Custom" draws on the law lectures, treatises,
speeches, and papers of the early republic's legal scholars to
examine the critical role that they played in the formation of
American identities. As intermediaries between the founders of
America's newly independent polities and the next generation of
legal practitioners and political leaders, the nation's law
educators expressed pride in the retention of the "republican
parts" of England's common law while at the same time identifying
some of the central features that distinguished American law from
that of Britain. From their perspective, the new nation's blending
of tradition and innovation produced a superior national
character.
Because American law educators interpreted both local and
national legal trends, "Remaking Custom" reveals how national
identities developed through Americans' articulation of their local
customs and identities. Pearson examines the innovations that
legists could celebrate, such as constitutional changes that placed
the people at the center of their governments and more egalitarian
property laws that accompanied America's abundant supply of land.
The book also deals with innovations that presented uncomfortable
challenges to law educators as they sought creative ways to justify
the legal cultures that grew up around slavery and Anglo-Americans'
hunger for land occupied by Native Americans.
General
Imprint: |
University of Virginia Press
|
Country of origin: |
United States |
Release date: |
March 2011 |
First published: |
March 2011 |
Authors: |
Ellen Holmes Pearson
|
Dimensions: |
229 x 152 x 25mm (L x W x T) |
Format: |
Hardcover - Cloth over boards
|
Pages: |
272 |
Edition: |
New |
ISBN-13: |
978-0-8139-3078-7 |
Categories: |
Books >
Law >
Jurisprudence & general issues >
Legal history
|
LSN: |
0-8139-3078-2 |
Barcode: |
9780813930787 |
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