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.

First Published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.

Playing on the frequently used metaphors of the 'turn toward' or 'turn back' in scholarship on religion, The Turn Around Religion in America offers a model of religion that moves in a reciprocal relationship between these two poles. In particular, this volume dedicates itself to a reading of religion and of religious meaning that cannot be reduced to history or ideology on the one hand or to truth or spirit on the other, but is rather the product of the constant play between the historical particulars that manifest beliefs and the beliefs that take shape through them. Taking as their point of departure the foundational scholarship of Sacvan Bercovitch, the contributors locate the universal in the ongoing and particularized attempts of American authors from the seventeenth century forward to get it - whatever that 'it' might be - right. Examining authors as diverse as Pietro di Donato, Herman Melville, Miguel Algarin, Edward Taylor, Mark Twain, Robert Keayne, Nathaniel Hawthorne, Paule Marshall, Stephen Crane, Ralph Waldo Emerson, and Joseph B. Soloveitchik, among many others-and a host of genres, from novels and poetry to sermons, philosophy, history, journalism, photography, theater, and cinema-the essays call for a discussion of religion's powers that does not seek to explain them as much as put them into conversation with each other. Central to this project is Bercovitch's emphasis on the rhetoric, ritual, typology, and symbology of religion and his recognition that with each aesthetic enactment of religion's power, we learn something new.

Playing on the frequently used metaphors of the 'turn toward' or 'turn back' in scholarship on religion, The Turn Around Religion in America offers a model of religion that moves in a reciprocal relationship between these two poles. In particular, this volume dedicates itself to a reading of religion and of religious meaning that cannot be reduced to history or ideology on the one hand or to truth or spirit on the other, but is rather the product of the constant play between the historical particulars that manifest beliefs and the beliefs that take shape through them. Taking as their point of departure the foundational scholarship of Sacvan Bercovitch, the contributors locate the universal in the ongoing and particularized attempts of American authors from the seventeenth century forward to get it - whatever that 'it' might be - right. Examining authors as diverse as Pietro di Donato, Herman Melville, Miguel Algarin, Edward Taylor, Mark Twain, Robert Keayne, Nathaniel Hawthorne, Paule Marshall, Stephen Crane, Ralph Waldo Emerson, and Joseph B. Soloveitchik, among many others-and a host of genres, from novels and poetry to sermons, philosophy, history, journalism, photography, theater, and cinema-the essays call for a discussion of religion's powers that does not seek to explain them as much as put them into conversation with each other. Central to this project is Bercovitch's emphasis on the rhetoric, ritual, typology, and symbology of religion and his recognition that with each aesthetic enactment of religion's power, we learn something new.

When someone gets hurt in an accident we reflexively ask a set of questions which ultimately comes down to "who was blameworthy?" Yet early nineteenth-century Americans were entirely, and to the modern reader, astonishingly, uninterested in this line of reasoning. Their concern was "whether" an accident had happened and not "why."
Nan Goodman takes this transformation in legal and popular thought about the nature of accidents as a starting point for a broad inquiry into changing conceptions of individual agency-and ultimately of self-in industrializing America. Goodman looks to both conventional historical sources and the literary depiction of accidents in the work of Mark Twain, Stephen Crane, Charles Chesnutt, and others to explain the new ways that Americans began to make sense of the unplanned.

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.

Drawing on legal cases, legal debates, and fiction including works by James Fenimore Cooper, Mark Twain, Stephen Crane, and Charles Chesnutt, Nan Goodman investigates changing notions of responsibility and agency in nineteenth-century America. By looking at accidents and accident law in the industrializing society, Goodman shows how courts moved away from the doctrine of strict liability to a new notion of liability that emphasized fault and negligence." Shifting the Blame" reveals the pervasive impact of this radically new theory of responsibility in understandings of industrial hazards, in manufacturing dangers, and in the stories that were told and retold about accidents.

In exciting tales of the actions of "good Samaritans" or of sea, steamboat, or railroad accidents, features of risk that might otherwise escape our attention--such as the suddenness of impact, the encounter between strangers, and the debates over blame and responsibility--were reconstructed in a manner that revealed both imagined and actual solutions to one of the most difficult philosophical and social conflicts in the nineteenth-century United States. Through literary and legal stories of accidents, Goodman suggests, we learn a great deal about what Americans thought about blame, injury, and individual responsibility in one of the most formative periods of our history.

The Puritan Cosmopolis traces a sense of kinship that emerged from within the larger realm of Puritan law and literature in late seventeenth-century New England. Nan Goodman argues that these early modern Puritans-connected to the cosmopolis in part through travel, trade, and politics-were also thinking in terms that went beyond feeling affiliated with people in remote places, or what cosmopolitan theorists call "attachment at a distance." In this way Puritan writers and readers were not simply learning about others, but also cultivating an awareness of themselves as ethically related to people all around the world. Such thought experiments originated and advanced through the law, specifically the law of nations, a precursor to international law and an inspiration for much of the imagination and literary expression of cosmopolitanism among the Puritans. The Puritan Cosmopolis shows that by internalizing the legal theories that pertained to the world writ large, the Puritans were able to experiment with concepts of extended obligation, re-conceptualize war, contemplate new ways of cultivating peace, and rewrite the very meaning of Puritan living. Through a detailed consideration of Puritan legal thought, Goodman provides an unexpected link between the Puritans, Jews, and Ottomans in the early modern world and reveals how the Puritan legal and literary past relates to present concerns about globalism and cosmopolitanism.

The Puritan Cosmopolis traces a sense of kinship that emerged from within the larger realm of Puritan law and literature in late seventeenth-century New England. Nan Goodman argues that these early modern Puritans - connected to the cosmopolis in part through travel, trade, and politics - were also thinking in terms that went beyond feeling affiliated with people in remote places, or what cosmopolitan theorists call "attachment at a distance." In this way Puritan writers and readers were not simply learning about others, but also cultivating an awareness of themselves as ethically related to people all around the world. Such thought experiments originated and advanced through the law, specifically the law of nations, a precursor to international law and an inspiration for much of the imagination and literary expression of cosmopolitanism among the Puritans. The Puritan Cosmopolis shows that by internalizing the legal theories that pertained to the world writ large, the Puritans were able to experiment with concepts of extended obligation, re-conceptualize war, contemplate new ways of cultivating peace, and rewrite the very meaning of Puritan living. Through a detailed consideration of Puritan legal thought, Goodman provides an unexpected link between the Puritans, Jews, and Ottomans in the early modern world and reveals how the Puritan legal and literary past relates to present concerns about globalism and cosmopolitanism.