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The nine chapters in this book focus on the various constitutional
problems surrounding the need to provide simultaneously a
sufficient degree of union and public authority to guarantee
defense and order, and a sufficient degree of individual liberty to
satisfy the demands and expectations of private citizens who were
wary of the arbitrary powers of government.
As a law student and young lawyer in the 1760s, Thomas Jefferson
began writing abstracts of English common law reports. Even after
abandoning his law practice, he continued to rely on his legal
commonplace book to document the legal, historical, and
philosophical reading that helped shape his new role as a
statesman. Indeed, he made entries in the notebook in preparation
for his mission to France, as president of the United States, and
near the end of his life. This authoritative volume is the first to
contain the complete text of Jefferson’s notebook. With more than
900 entries on such thinkers as Beccaria, Montesquieu, and Lord
Kames, Jefferson’s Legal Commonplace Book is a fascinating
chronicle of the evolution of Jefferson’s searching mind.
Jefferson’s abstracts of common law reports, most published here
for the first time, indicate his deepening commitment to whig
principles and his incisive understanding of the political
underpinnings of the law. As his intellectual interests and
political aspirations evolved, so too did the content and
composition of his notetaking. Unlike the only previous edition of
Jefferson’s notebook, published in 1926, this edition features a
verified text of Jefferson’s entries and full annotation,
including essential information on the authors and books he
documents. In addition, the volume includes a substantial
introduction that places Jefferson’s text in legal, historical,
and biographical context.
The nine chapters in this book focus on the various constitutional
problems surrounding the need to provide simultaneously a
sufficient degree of union and public authority to guarantee
defense and order, and a sufficient degree of individual liberty to
satisfy the demands and expectations of private citizens who were
wary of the arbitrary powers of government.
New analysis and interpretation of law and legal institutions in
the "long eighteenth century". Law and legal institutions were of
huge importance in the governance of Georgian society: legislation
expanded the province of administrative authority out of all
proportion, while the reach of the common law and its communal
traditions of governance diminished, at least outside British North
America. But what did the rule of law mean to eighteenth-century
people, and how did it connect with changing experiences of law in
all their bewildering complexity?This question has received much
recent critical attention, but despite widespread agreement about
Law's significance as a key to unlock so much which was central to
contemporary life, as a whole previous scholarship has only offered
a fragmented picture of the Laws in their social meanings and
actions. Through a broader-brush approach, The British and their
Laws in the Eighteenth Century contributes fresh analyses of law in
England andBritish settler colonies, c. 1680-1830; its expert
contributors consider among other matters the issues of
participation, central-local relations, and the maintenance of
common law traditions in the context of increasing legislative
interventions and grants of statutory administrative powers.
Contributors: SIMON DEVEREAUX, MICHAEL LOBBAN, DOUGLAS HAY, JOANNA
INNES, WILFRED PREST, C.W. BROOKS, RANDALL MCGOWEN, DAVID THOMAS
KONIG, BRUCE KERCHER
Distinguished by the critical value it assigns to law in Puritan
society, this study describes precisely how the Massachusetts legal
system differed from England's and how equity and an adapted common
law became so useful to ordinary individuals. The author discovers
that law gradually replaced religion and communalism as the source
of social stability, and he gives a new interpretation to the
witchcraft prosecutions of 1692.
A UNC Press Enduring Edition -- UNC Press Enduring Editions use the
latest in digital technology to make available again books from our
distinguished backlist that were previously out of print. These
editions are published unaltered from the original, and are
presented in affordable paperback formats, bringing readers both
historical and cultural value.
In 1846 two slaves, Dred and Harriet Scott, filed petitions for
their freedom in the Old Courthouse in St. Louis, Missouri. As the
first true civil rights case decided by the U.S. Supreme Court,
Dred Scott v. Sandford raised issues that have not been fully
resolved despite three amendments to the Constitution and more than
a century and a half of litigation. The Dred Scott Case: Historical
and Contemporary Perspectives on Race and Law presents original
research and the reflections of the nation\u2019s leading scholars
who gathered in St. Louis to mark the 150th anniversary of what was
arguably the most infamous decision of the U.S. Supreme Court. The
decision that held that African Americans \u201chad no rights\u201d
under the Constitution and that Congress had no authority to alter
that galvanized Americans and thrust the issue of race and law to
the center of American politics. This collection of essays revisits
the history of the case and its aftermath in American life and law.
In a final section, the present-day justices of the Missouri
Supreme Court offer their reflections on the process of judging and
provide perspective on the misdeeds of their nineteenth-century
predecessors who denied the Scotts their freedom.
In 1846 two slaves, Dred and Harriet Scott, filed petitions for
their freedom in the Old Courthouse in St. Louis, Missouri. As the
first true civil rights case decided by the U.S. Supreme Court,
Dred Scott v. Sandford raised issues that have not been fully
resolved despite three amendments to the Constitution and more than
a century and a half of litigation. The Dred Scott Case: Historical
and Contemporary Perspectives on Race and Law presents original
research and the reflections of the nation\u2019s leading scholars
who gathered in St. Louis to mark the 150th anniversary of what was
arguably the most infamous decision of the U.S. Supreme Court. The
decision that held that African Americans \u201chad no rights\u201d
under the Constitution and that Congress had no authority to alter
that galvanized Americans and thrust the issue of race and law to
the center of American politics. This collection of essays revisits
the history of the case and its aftermath in American life and law.
In a final section, the present-day justices of the Missouri
Supreme Court offer their reflections on the process of judging and
provide perspective on the misdeeds of their nineteenth-century
predecessors who denied the Scotts their freedom.
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