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The Federal Courts - An Essential History (Hardcover): Peter Charles Hoffer, Williamjames Hull Hoffer, N.E.H. Hull The Federal Courts - An Essential History (Hardcover)
Peter Charles Hoffer, Williamjames Hull Hoffer, N.E.H. Hull
R1,890 Discovery Miles 18 900 Ships in 10 - 15 working days

There are moments in American history when all eyes are focused on a federal court: when its bench speaks for millions of Americans, and when its decision changes the course of history. More often, the story of the federal judiciary is simply a tale of hard work: of finding order in the chaotic system of state and federal law, local custom, and contentious lawyering. The Federal Courts is a story of all of these courts and the judges and justices who served on them, of the case law they made, and of the acts of Congress and the administrative organs that shaped the courts. But, even more importantly, this is a story of the courts' development and their vital part in America's history. Peter Charles Hoffer, Williamjames Hull Hoffer, and N. E. H. Hull's retelling of that history is framed the three key features that shape the federal courts' narrative: the separation of powers; the federal system, in which both the national and state governments are sovereign; and the widest circle: the democratic-republican framework of American self-government. The federal judiciary is not elective and its principal judges serve during good behavior rather than at the pleasure of Congress, the President, or the electorate. But the independence that lifetime tenure theoretically confers did not and does not isolate the judiciary from political currents, partisan quarrels, and public opinion. Many vital political issues came to the federal courts, and the courts' decisions in turn shaped American politics. The federal courts, while the least democratic branch in theory, have proved in some ways and at various times to be the most democratic: open to ordinary people seeking redress, for example. Litigation in the federal courts reflects the changing aspirations and values of America's many peoples. The Federal Courts is an essential account of the branch that provides what Massachusetts Supreme Judicial Court Judge Oliver Wendell Homes Jr. called "a magic mirror, wherein we see reflected our own lives."

Clio among the Muses - Essays on History and the Humanities (Hardcover): Peter Charles Hoffer Clio among the Muses - Essays on History and the Humanities (Hardcover)
Peter Charles Hoffer
R1,019 Discovery Miles 10 190 Ships in 18 - 22 working days

History helps us understand change, provides clues to our own identity, and hones our moral sense. But history is not a stand-alone discipline. Indeed, its own history is incomplete without recognition of its debt to its companions in the humane and social sciences. In Clio among the Muses, noted historiographer Peter Charles Hoffer relates the story of this remarkable collaboration. Hoffer traces history's complicated partnership with its coordinate disciplines of religion, philosophy, the social sciences, literature, biography, policy studies, and law. As in ancient days, when Clio was preeminent among the other eight muses, so today, the author argues that history can and should claim pride of place in the study of past human action and thought. Intimate and irreverent at times, Clio among the Muses synthesizes a remarkable array of information. Clear and concise in its review of the companionship between history and its coordinate disciplines, fair-minded in its assessment of the contributions of history to other disciplines and these disciplines' contributions to history, Clio among the Muses will capture the attention of everyone who cares about the study of history. For as the author demonstrates, the study of history is something unique, ennobling, and necessary. One can live without religion, philosophy and the rest. One cannot exist without history. Rigorously documented throughout, the book offers a unique perspective on the craft of history. Peter Charles Hoffer has taught history at Harvard, Ohio State, Notre Dame, Brooklyn College, and the University of Georgia since 1968, and specializes in historical methods, early American history, and legal history. He has authored or co-authored over three dozen books, and edited another twenty. Previous titles include The Historian's Paradox: The Study of History in Our Time (NYU Press, 2008).

The Historians’ Paradox - The Study of History in Our Time (Hardcover): Peter Charles Hoffer The Historians’ Paradox - The Study of History in Our Time (Hardcover)
Peter Charles Hoffer
R2,854 Discovery Miles 28 540 Ships in 18 - 22 working days

a[C]onsistently amusing and edifying throughout. [Hoffer] demonstrates an extraordinary mastery of a wide variety of materials. Heas a mature historian at peak form.a
aPeter Onuf, author of "The Mind of Thomas Jefferson"

aHoffer has a knack for using contemporary situations that will eventually be topics for historical writing.a
aClaire Potter, Wesleyan University

How do we know what happened in the past? We cannot go back, and no amount of historical data can enable us to understand with absolute certainty what life was like athen.a It is easy to demolish the very idea of historical knowing, but it is impossible to demolish the importance of historical knowing. In an age of cable television pundits and anonymous bloggers dueling over history, the value of owning history increases at the same time as our confidence in history as a way of knowing crumbles. Historical knowledge thus presents a paradox a the more it is required, the less reliable it has become. To reconcile this paradox a that history is impossible but necessary a Peter Charles Hoffer proposes a practical, workable philosophy of history for our times, one that is robust and realistic, and that speaks to anyone who reads, writes and teaches history.

The philosophy of history that Hoffer supports in The Historiansa Paradox is driven by a continual and careful search for the authentic, but without confining the real to a finite or closed set of facts. Hoffer urges us to think and live with a keen awareness that history is everywhere, to accept the impossibility of measuring its reliability, but to never approach it unquestioningly. Covering a sweeping range of philosophies (from ancient history to gametheory), methodological approaches to writing history, and the advantages and disadvantages of different strategies of argument, Hoffer constructs a philosophy of history that is reasonable, free of fallacy, and supported by appropriate evidence that is itself tenable.

The Historiansa Paradox brings together accounts of actual historical events, anecdotes about historians, insights from philosophers of history, and the personal experience of a long time scholar and teacher. Throughout, Hoffer liberally spices the mixture with humor to create a philosophy of history for our times.

The Supreme Court - An Essential History (Hardcover, 2nd Revised edition): Peter Charles Hoffer, Williamjames Hull Hoffer,... The Supreme Court - An Essential History (Hardcover, 2nd Revised edition)
Peter Charles Hoffer, Williamjames Hull Hoffer, N.E.H. Hull
R1,949 Discovery Miles 19 490 Ships in 18 - 22 working days

For more than two centuries, the U.S. Supreme Court has provided a battleground for nearly every controversial issue in our nation's history. Now a veteran team of talented historians-including the editors of the acclaimed Landmark Law Cases and American Society series-have updated the most readable, astute single-volume history of this venerated institution with a new chapter on the Roberts Court. The Supreme Court chronicles an institution that dramatically evolved from six men meeting in borrowed quarters to the most closely watched tribunal in the world. Underscoring the close connection between law and politics, the authors highlight essential issues, cases, and decisions within the context of the times in which the decisions were handed down. Deftly combining doctrine and judicial biography with case law, they demonstrate how the justices have shaped the law and how the law that the Court makes has shaped our nation, with an emphasis on how the Court responded-or failed to respond-to the plight of the underdog. Each chapter covers the Court's years under a specific Chief Justice, focusing on cases that are the most reflective of the way the Court saw the law and the world and that had the most impact on the lives of ordinary Americans. Throughout the authors reveal how-in times of war, class strife, or moral revolution-the Court sometimes voiced the conscience of the nation and sometimes seemed to lose its moral compass. Their extensive quotes from the Court's opinions and dissents illuminate its inner workings, as well as the personalities and beliefs of the justices and the often-contentious relationships among them. Fair-minded and sharply insightful, The Supreme Court portrays an institution defined by eloquent and pedestrian decisions and by justices ranging from brilliant and wise to slow-witted and expedient. An epic and essential story, it illuminates the Court's role in our lives and its place in our history in a manner as engaging for general readers as it is rigorous for scholars.

The Historians' Paradox - The Study of History in Our Time (Paperback): Peter Charles Hoffer The Historians' Paradox - The Study of History in Our Time (Paperback)
Peter Charles Hoffer
R951 Discovery Miles 9 510 Ships in 18 - 22 working days

How do we know what happened in the past? We cannot go back, and no amount of historical data can enable us to understand with absolute certainty what life was like athen.a It is easy to demolish the very idea of historical knowing, but it is impossible to demolish the importance of historical knowing. In an age of cable television pundits and anonymous bloggers dueling over history, the value of owning history increases at the same time as our confidence in history as a way of knowing crumbles. Historical knowledge thus presents a paradox -- the more it is required, the less reliable it has become. To reconcile this paradox -- that history is impossible but necessary -- Peter Charles Hoffer proposes a practical, workable philosophy of history for our times, one that is robust and realistic, and that speaks to anyone who reads, writes and teaches history.

The philosophy of history that Hoffer supports in The Historians' Paradox is driven by a continual and careful search for the authentic, but without confining the real to a finite or closed set of facts. Hoffer urges us to think and live with a keen awareness that history is everywhere, to accept the impossibility of measuring its reliability, but to never approach it unquestioningly. Covering a sweeping range of philosophies (from ancient history to game theory), methodological approaches to writing history, and the advantages and disadvantages of different strategies of argument, Hoffer constructs a philosophy of history that is reasonable, free of fallacy, and supported by appropriate evidence that is itself tenable.

The Historians' Paradox brings together accounts of actual historical events, anecdotes about historians, insights from philosophers of history, and the personal experience of a long time scholar and teacher. Throughout, Hoffer liberally spices the mixture with humor to create a philosophy of history for our times.

Reading Law Forward - The Making of a Democratic Jurisprudence from John Marshall to Stephen G. Breyer: Peter Charles Hoffer Reading Law Forward - The Making of a Democratic Jurisprudence from John Marshall to Stephen G. Breyer
Peter Charles Hoffer
R1,533 Discovery Miles 15 330 Ships in 18 - 22 working days

In the current legal climate where “everyone is an originalist,†conventional wisdom suggests that judges merely find law, rather than make it. Orthodox common-law jurisprudence makes fidelity to the past the central goal and criterion. By contrast, the alternative approach, “reading the law forwardâ€â€”what some call judicial pragmatism or consequentialism—is viewed as heretical. Rather than mount a theoretical defense of a forward-thinking jurisprudence, legal historian Peter Charles Hoffer offers an empirical study of how this approach to constitutional interpretation actually leads to better law. Reading Law Forward looks at seven judges who exemplify this alternative jurisprudence: John Marshall, Joseph Story, Lemuel Shaw, Louis D. Brandeis, Benjamin Cardozo, William O. Douglas, and Stephen G. Breyer.“In the hands of America’s leading judges, a jurisprudence of reading law forward enabled courts to respond to the challenges of changing conditions. It kept law fresh. It promoted and still promotes the growth of a democratic society,†Hoffer convincingly argues.

Zombie History - Lies About Our Past that Refuse to Die (Paperback): Peter Charles Hoffer Zombie History - Lies About Our Past that Refuse to Die (Paperback)
Peter Charles Hoffer
R765 Discovery Miles 7 650 Ships in 9 - 17 working days

Fake history is not a harmless mistake of fact or interpretation. It is a mistake that conceals prejudice; a mistake that discriminates against certain kinds of people; a mistake held despite a preponderance of evidence; a mistake that harms us. In the following pages, I liken fake history to the Zombies we see in mass media, for the fake fact, like the fictional Zombie, lives by turning real events and people into monstrous perversions of fact and interpretation. Its pervasiveness reveals that prejudice remains its chief appeal to those who believe it. Its effect is insidious, because we cannot or will not destroy these mischievous lies. Zombie history is almost impossible to kill. Some Zombie history was and is political. A genre of what Hannah Arendt called "organized lying" about the past. Its makers designed the Zombie to create a basis in the false past for particular discriminatory policies. Other history Zombies are cultural. They encapsulate and empower prejudice and stereotyping. Still other popular history Zombies do not look disfigured, but like Zombies walk among us without our realizing how devastating their impact can be. Whatever their purpose, whatever the venue in which they appear, history Zombies undermine the very foundations of disinterested study of the past.

Litigation Nation - A Cultural History of Lawsuits in America (Hardcover): Peter Charles Hoffer Litigation Nation - A Cultural History of Lawsuits in America (Hardcover)
Peter Charles Hoffer; Series edited by John David Smith
R1,175 Discovery Miles 11 750 Ships in 10 - 15 working days

Americans have long been identified as a people of law and lawyers with an addiction to lawsuits. This national characteristic became so prevalent in late twentieth-century America that some legal authorities dubbed the pattern a “litigation crisis.†In Litigation Nation: A History of Litigation in America, Peter C. Hoffer charts the history of civil litigation from the seventeenth century to the present, using key cases that illustrate the central theme in civil litigation during different periods of U.S. history and enable readers to explore and understand key questions in American life and culture. Hoffer’s concise and accessible treatment to this history will appeal to general audiences as it examines both historical and contemporary questions, debates, and litigation concerning gender, discrimination, harassment, and workplace culture.

The Devil's Disciples - The Makers of the Salem Witchcraft Trials (Paperback): Peter Charles Hoffer The Devil's Disciples - The Makers of the Salem Witchcraft Trials (Paperback)
Peter Charles Hoffer
R950 Discovery Miles 9 500 Ships in 18 - 22 working days

For more than a year, between January 1692 and May 1693, the men and women of Salem Village lived in heightened fear of witches and their master, the Devil. Hundreds were accused of practicing witchcraft. Many suspects languished in jail for months. Nineteen men and women were hanged; one was pressed to death. Neighbors turned against neighbors, children informed on their parents, and ministers denounced members of their congregations. Approaching the subject as a legal and social historian, Peter Charles Hoffer offers a fresh look at the Salem outbreak based on recent studies of panic rumors, teen hysteria, child abuse, and intrafamily relations. He brings to life a set of conversations - in taverns and courtrooms, at home and work - which took place among suspected witches, accusers, witnesses, and spectators. The accusations, denials, and confessions of this legal story eventually resurrect the tangled internal tensions that lay at the bottom of the Salem witch hunts. Hoffer demonstrates that Salem, far from being an isolated community in the wilderness, stood on the leading edge of a sprawling and energetic Atlantic empire. His story begins in the slave markets of West Africa and Barbados and then shifts to Massachusetts, where the English, Africans, and Native Americans lived under increasing pressures from overpopulation, disease, and cultural conflict. In Salem itself, traditional piety and social values appeared endangered as consumerism and secular learning gained ground. Guerrilla warfare between Indians and English settlers - and rumors that the Devil had taken a particular interest in New England - panicked common people and authorities. The stage was set, Hoffer concludes, for the witchcraft hysteria.

Roe v. Wade - The Abortion Rights Controversy in American History (Paperback): N.E.H. Hull, Peter Charles Hoffer Roe v. Wade - The Abortion Rights Controversy in American History (Paperback)
N.E.H. Hull, Peter Charles Hoffer
R920 Discovery Miles 9 200 Ships in 18 - 22 working days

Few Supreme Court decisions have stirred up as much controversy, vitriolic debate, and even violence as Roe v. Wade in 1973. Four decades later, it remains a touchstone for the culture wars in the United States and a pivot upon which much of our politics turns. With that in mind, N. E. H. Hull and Peter Charles Hoffer have taken stock of the abortion debates, controversies, and cases that have emerged during the past decade in order to update their best-selling book on this landmark case. As with the first two editions, this book details the case's historical background; highlights Roe v. Wade's core issues, essential personalities, and key precedents; tracks the case's path through the courts; clarifies the jurisprudence behind the Court's ruling in Roe; assesses the impact of the presidential elections of George W. Bush and Barack Obama along with the confirmations of Chief Justice John Roberts, Justice Samuel Alito, Justice Sonia Sotomayor; and gauges the case's impact on American society and subsequent challenges to it in Webster v. Reproductive Health Services (1989), Planned Parenthood v. Casey (1992), and Gonzales v. Carhart (2007). This third updated edition also adds two completely new chapters covering abortion politics and legal battles in Obama's second term and Donald J. Trump's first term. The new material covers two important cases in detail: Whole Woman's Health v. Hellerstedt (2016) and June Medical Services, LLC v. Russo (2020). The cases dealt with state laws-Texas and Louisiana, respectively-designed to limit access to abortion by requiring doctors performing abortions to have admission privileges at a state-authorized hospital within thirty miles of the abortion clinic. In both cases the Court ruled the laws unconstitutional, thus handing abortion rights' activists key victories in the face of an increasingly conservative Court. The new chapters also cover the confirmations of Justices Elena Kagan, Neil Gorsuch, and Brett Kavanaugh as well as the heated political environment surrounding the Court in the age of Trump.

Roe v. Wade - The Abortion Rights Controversy in American History (Hardcover): N.E.H. Hull, Peter Charles Hoffer Roe v. Wade - The Abortion Rights Controversy in American History (Hardcover)
N.E.H. Hull, Peter Charles Hoffer
R2,700 Discovery Miles 27 000 Ships in 18 - 22 working days

Few Supreme Court decisions have stirred up as much controversy, vitriolic debate, and even violence as Roe v. Wade in 1973. Four decades later, it remains a touchstone for the culture wars in the United States and a pivot upon which much of our politics turns. With that in mind, N. E. H. Hull and Peter Charles Hoffer have taken stock of the abortion debates, controversies, and cases that have emerged during the past decade in order to update their best-selling book on this landmark case. As with the first two editions, this book details the case's historical background; highlights Roe v. Wade's core issues, essential personalities, and key precedents; tracks the case's path through the courts; clarifies the jurisprudence behind the Court's ruling in Roe; assesses the impact of the presidential elections of George W. Bush and Barack Obama along with the confirmations of Chief Justice John Roberts, Justice Samuel Alito, Justice Sonia Sotomayor; and gauges the case's impact on American society and subsequent challenges to it in Webster v. Reproductive Health Services (1989), Planned Parenthood v. Casey (1992), and Gonzales v. Carhart (2007). This third updated edition also adds two completely new chapters covering abortion politics and legal battles in Obama's second term and Donald J. Trump's first term. The new material covers two important cases in detail: Whole Woman's Health v. Hellerstedt (2016) and June Medical Services, LLC v. Russo (2020). The cases dealt with state laws-Texas and Louisiana, respectively-designed to limit access to abortion by requiring doctors performing abortions to have admission privileges at a state-authorized hospital within thirty miles of the abortion clinic. In both cases the Court ruled the laws unconstitutional, thus handing abortion rights' activists key victories in the face of an increasingly conservative Court. The new chapters also cover the confirmations of Justices Elena Kagan, Neil Gorsuch, and Brett Kavanaugh as well as the heated political environment surrounding the Court in the age of Trump.

Rutgers v. Waddington - Alexander Hamilton, the End of the Warfor Independence, and the Origins of Judicial Review (Paperback):... Rutgers v. Waddington - Alexander Hamilton, the End of the Warfor Independence, and the Origins of Judicial Review (Paperback)
Peter Charles Hoffer
R876 Discovery Miles 8 760 Ships in 18 - 22 working days

Once the dust of the Revolution settled, the problem of reconciling the erstwhile warring factions arose, and as is often the case in the aftermath of violent revolutions, the matter made its way intothe legal arena. Rutgers v. Waddington was such a case. Through this little-known but remarkable dispute over back rent for aburned-down brewery, Peter Charles Hoffer recounts a tale of political and constitutional intrigue involving some of the most important actors in America's transition from a confederation of states under the Articles of Confederation to a national republic under the US Constitution. At the end of the Revolution, the widow Rutgers and her sons returned to the brewery they'd abandoned when the British had occupied New York. They demanded rent from Waddington, the loyalist who hadrented the facility under the British occupation.Under a punitive New York state law, the loyalist Waddington was liable. But the peace treaty's provisions protecting loyalists'property rights said otherwise. Appearing for the defendants was war veteran, future Federalist, and first secretary of the treasury,Alexander Hamilton. And, as always, lurking in the background was the estimable Aaron Burr. As Hoffer details Hamilton's arguments for the supremacy of treaty law over state law, the significance of Rutgers v. Waddington in the development of a strongcentral government emerges clearly-as does the role of the courts in bridging the young nation's divisions in the Revolution'swake. Rutgers v. Waddington illustrates a foundational moment in American history. As such, it is an encapsulation of a societyriven by war, buffeted by revolutionary change attempting to piece together the true meaning of, in John Adams's formulation,"rule by law, and not by men."

For Ourselves and Our Posterity - The Preamble to the Federal Constitution in American History (Paperback, New): Peter Charles... For Ourselves and Our Posterity - The Preamble to the Federal Constitution in American History (Paperback, New)
Peter Charles Hoffer
R461 Discovery Miles 4 610 Ships in 18 - 22 working days

In For Ourselves and Our Posterity: The Preamble to the Federal Constitution in American History, author Peter Charles Hoffer offers a sweeping, dramatic narration of a crucial moment in Early American history. Over the course of five days in September 1787, five men serving on an ad hoc "Committee of Style and Arrangement" edited the draft of the federal Constitution at the Constitutional Convention, profoundly recasting the wording of the Preamble. In so doing, the committee changed a federation into a Union and laid out an ambitious program for national governance many years ahead of its time. The Preamble and all that it came to represent was the unique achievement of a remarkable group of men at a momentous turning point in American history. Providing a clear exposition of constitutional issues, For Ourselves and Our Posterity features individual portraits of the leading framers at the heart of this dramatic event.

Reading and Writing American History Volume 1 (Paperback, 4th ed.): Peter Charles Hoffer, William W. Stueck, William James H... Reading and Writing American History Volume 1 (Paperback, 4th ed.)
Peter Charles Hoffer, William W. Stueck, William James H Hoffer
R2,445 Discovery Miles 24 450 Ships in 18 - 22 working days

As American colleges and universities strive to prepare twenty-first-century students for an ever-changing world, the importance of studying history within a liberal arts curriculum can be forgotten. Noting that the students of today are very present-minded, the authors of "Reading and Writing American History" show how learning about history can be seamlessly integrated with up-to-the-minute technology, blending the past, the present, and even the future. Following the philosophy that students should become "doers" rather than simple consumers, the book aims to teach historical methods and skills while engaging students in a way no ordinary textbook can. The book is thus really a work-text, with opportunities for students to pause and reflect on what they are learning every few pages. Each chapter presents students not only with a period of American history, but also with a specific task to help them become better historians; for example, the chapter on the Civil War encourages students to use the Internet for research but also instructs them on how to tell valid online sources from spurious ones. The chapters include in-depth examinations of previously ignored or marginalized peoples, fulfilling the new multicultural mandates of history departments. By bringing students face to face with the questions that every history teacher and scholar confronts, the authors ensure that history becomes a living and breathing field of study for today's students.

The Free Press Crisis of 1800 - Thomas Cooper's Trial for Seditious Libel (Paperback): Peter Charles Hoffer The Free Press Crisis of 1800 - Thomas Cooper's Trial for Seditious Libel (Paperback)
Peter Charles Hoffer
R877 Discovery Miles 8 770 Ships in 18 - 22 working days

The far-reaching Sedition Act of 1798 was introduced by Federalists to suppress Republican support of French revolutionaries and imposed fines and imprisonment "if any person shall write, print, utter or publish . . . scandalous and malicious writing or writings against the government of the United States." Such a broadly and loosely defined offense challenged the freedom of the American press and gave the government the power to drag offending newspaper editors into court. The trial of Thomas Cooper in particular became an important showcase for debating the dangers and limits of the new law, one with great implications for both the new republic and federal constitutional law.

Cooper's trial has now been rescued from long neglect and illuminated by Peter Charles Hoffer, one our nation's preeminent legal historians. While most modern students of the Sedition Act regard it as an extreme measure motivated by partisan malice, Hoffer offers a much more nuanced view that weighs all the arguments and fairly considers the position of each side in historical and legal context.

Hoffer sets the stage by revisiting both the much better known 1735 trial of Peter Zenger and the subsequent fashioning of the First Amendment during the first meeting of the U.S. Congress.. He then describes the rise of political factions in the early republic, congressional debate over the Sedition Act, and Thomas Jefferson's and James Madison's Kentucky and Virginia Resolves. After a close reading of Cooper's allegedly seditious writings, Hoffer brings the trial record to life, capturing prosecution and defense strategies, including Cooper's attempt to subpoena President Adams and Federalist trial judge Samuel Chase's management of the prosecution from the bench. Long after the Federalists had departed the scene, echoes of the free-press crisis continued to roil American politics-reappearing in the debates over antislavery petitions, the suppression of dissent during the Civil War and two world wars, and most recently in the trials of suspected terrorists.

Hoffer's book is an authoritative review of this landmark case and a vital touchstone for anyone concerned about the role of government and the place of dissent in times of national emergency.

The Great New York Conspiracy of 1741 - Slavery, Crime and Colonial Law (Paperback, New): Peter Charles Hoffer The Great New York Conspiracy of 1741 - Slavery, Crime and Colonial Law (Paperback, New)
Peter Charles Hoffer
R881 Discovery Miles 8 810 Ships in 18 - 22 working days

Three and a half decades before the city of New York witnessed the first great battle waged by the new United States of America for its independence, rumors of a massive conspiracy among the city's slaves spread panic throughout the colony. On the testimony of frightened bondsmen and a handful of whites, over seventy slaves were convicted and a third of these were executed.

The suspected conspiracy in New York prompted one of the most extensive slave trials in colonial history and some of the most grisly punishments ever meted out to individuals. Peter Hoffer now retells the dramatic story of those landmark trials, setting the events in their legal and historical contexts and offering a revealing glimpse of slavery in colonial cities and of the way that the law defined and policed the institution.

Among other things, Hoffer reveals how conspiracy became a central feature of the law of slavery at the same time as it reflected the white belief that slaves were always conspiring against their masters. He draws on uniquely revealing firsthand accounts of the trials to both retell a gripping story and open a window on colonial American justice. He leads readers through a chain of events involving robbery and arson that culminated in the trials of a group of white men suspected of inciting the slaves to revolt.

The episode, so vital to our understanding of a time when slavery was an entrenched institution and the law made even the angry muttering of slaves into a criminal act, has much to tell us about current affairs as well. African slaves in colonial times were viewed by authorities and citizens much as some foreigners are today: inherently dangerous, easily identifiable, and constantly conspiring.

The Law's Conscience - Equitable Constitutionalism in America (Paperback, New edition): Peter Charles Hoffer The Law's Conscience - Equitable Constitutionalism in America (Paperback, New edition)
Peter Charles Hoffer
R1,462 Discovery Miles 14 620 Ships in 18 - 22 working days

"The Law's Conscience" is a history of equity in Anglo-American juris-prudence from the inception of the chancellor's court in medieval England to the recent civil rights and affirmative action decisions of the United States Supreme Court. Peter Hoffer argues that equity embodies a way of looking at law, including constitutions, based on ideas of mutual fairness, public trusteeship, and equal protection. His central theme is the tension between the ideal of equity and the actual availability of equitable remedies.
Hoffer examines this tension in the trusteeship constitutionalism of John Locke and Thomas Jefferson; the incorporation of equity in the first American constitutions; the antebellum controversy over slavery; the fortunes of the Freedmen's Bureau after the Civil War; the emergence of the doctrine of "Balance of Equity" in twentieth-century public-interest law; and the desegregation and reverse discrimination cases of the past thirty-five years. "Brown v. Board of Education" (1954) was the most important equity suit in American history, and Hoffer begins and ends his book with a new interpretation of its lessons.

The Clamor of Lawyers - The American Revolution and Crisis in the Legal Profession (Hardcover): Peter Charles Hoffer,... The Clamor of Lawyers - The American Revolution and Crisis in the Legal Profession (Hardcover)
Peter Charles Hoffer, Williamjames Hull Hoffer
R1,349 Discovery Miles 13 490 Ships in 18 - 22 working days

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.

The Supreme Court - An Essential History (Paperback, 2nd Revised edition): Peter Charles Hoffer, Williamjames Hull Hoffer,... The Supreme Court - An Essential History (Paperback, 2nd Revised edition)
Peter Charles Hoffer, Williamjames Hull Hoffer, N.E.H. Hull
R1,099 Discovery Miles 10 990 Ships in 18 - 22 working days

For more than two centuries, the U.S. Supreme Court has provided a battleground for nearly every controversial issue in our nation's history. Now a veteran team of talented historians-including the editors of the acclaimed Landmark Law Cases and American Society series-have updated the most readable, astute single-volume history of this venerated institution with a new chapter on the Roberts Court. The Supreme Court chronicles an institution that dramatically evolved from six men meeting in borrowed quarters to the most closely watched tribunal in the world. Underscoring the close connection between law and politics, the authors highlight essential issues, cases, and decisions within the context of the times in which the decisions were handed down. Deftly combining doctrine and judicial biography with case law, they demonstrate how the justices have shaped the law and how the law that the Court makes has shaped our nation, with an emphasis on how the Court responded-or failed to respond-to the plight of the underdog. Each chapter covers the Court's years under a specific Chief Justice, focusing on cases that are the most reflective of the way the Court saw the law and the world and that had the most impact on the lives of ordinary Americans. Throughout the authors reveal how-in times of war, class strife, or moral revolution-the Court sometimes voiced the conscience of the nation and sometimes seemed to lose its moral compass. Their extensive quotes from the Court's opinions and dissents illuminate its inner workings, as well as the personalities and beliefs of the justices and the often-contentious relationships among them. Fair-minded and sharply insightful, The Supreme Court portrays an institution defined by eloquent and pedestrian decisions and by justices ranging from brilliant and wise to slow-witted and expedient. An epic and essential story, it illuminates the Court's role in our lives and its place in our history in a manner as engaging for general readers as it is rigorous for scholars.

Seward's Law - Country Lawyering, Relational Rights, and Slavery (Hardcover): Peter Charles Hoffer Seward's Law - Country Lawyering, Relational Rights, and Slavery (Hardcover)
Peter Charles Hoffer
R1,247 Discovery Miles 12 470 Ships in 18 - 22 working days

In Seward's Law, Peter Charles Hoffer argues that William H. Seward's legal practice in Auburn, New York, informed his theory of relational rights-a theory that demonstrated how the country could end slavery and establish a practical form of justice. This theory, Hoffer demonstrates, had ties to Seward's career as a country lawyer. Despite his rise to prominence, and indeed preeminence, as a US secretary of state, Seward's country-lawyer mentality endured throughout his life, as evinced in his personal attitudes and professional conduct. Relational rights, identified and termed here for the first time by Hoffer, are communal and reciprocal, what everyone owed to every other member of their community. Such rights are at the center of a jurisprudential outlook that arises directly from living in a village. Though Seward was limited by the Victorian mores and the racialist presumptions of his day, the concept of relational rights that animated him was the natural antithesis to the theories and practices of slavery. In the legal regime underpinning the institution, masters owed nothing to their bondmen and women, while those enslaved unconditionally owed life and labor to their masters. The irrepressible conflict was, for Seward, jurisprudential as well as moral and political. Hoffer's leading assumption in Seward's Law is that a lifetime spent as a lawyer influences how a person responds to everyday challenges. Seward remained a country lawyer at heart, and that fact defined the course of his political career.

The Abortion Rights Controversy in America - A Legal Reader (Paperback, New edition): Peter Charles Hoffer The Abortion Rights Controversy in America - A Legal Reader (Paperback, New edition)
Peter Charles Hoffer
R1,238 Discovery Miles 12 380 Ships in 18 - 22 working days

Beginning with the introduction of abortion law in the nineteenth century, this reader includes important documents from nearly two hundred years of debate over abortion. These legal briefs, oral arguments, court opinions, newspaper reports, opinion pieces, and contemporary essays are introduced with headnotes that place them in historical context. Chapters cover the birth control movement, changes in abortion law in the 1960s, Roe v. Wade, the Hyde Amendment and the Freedom of Access to Clinic Entrances Act, state and federal regulation of abortion practices, and the freedom of speech cases surrounding anti-abortion clinic protests. The first section of each chapter sets the stage and explains the choice of documents. This rich, balanced collection is an indispensable reference tool for the study of one of the most passionate debates in American history. It brings together the writings of doctors, lawyers, scientists, philosophers, elected officials, judges, and scholars as few other legal readers do, and it is essential reading for those engaged in the ongoing debate about abortion law in the United States.

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