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Woodrow Wilson, a practicing academic historian before he took to politics, defined the importance of history: "A nation which does not know what it was yesterday, does not know what it is today." He, like many men of his generation, wanted to impose a version of America's founding identity: it was a land of the free and a home of the brave. But not the braves. Or the slaves. Or the disenfranchised women. So the history of Wilson's generation omitted a significant proportion of the population in favour of a perspective that was predominantly white, male and Protestant. That flaw would become a fissure and eventually a schism. A new history arose which, written in part by radicals and liberals, had little use for the noble and the heroic, and that rankled many who wanted a celebratory rather than a critical history. To this combustible mixture of elements was added the flame of public debate. History in the 1990s was a minefield of competing passions, political views and prejudices. It was dangerous ground, and, at the end of the decade, four of the nation's most respected and popular historians were almost destroyed by it: Michael Bellesiles, Doris Kearns Goodwin, Stephen Ambrose and Joseph Ellis. This is their story, set against the wider narrative of the writing of America's history. It may be, as Flaubert put it, that "Our ignorance of history makes us libel our own times." To which he could have added: falsify, plagiarize and politicize, because that's the other story of America's history.
In the Civil War, the United States and the Confederate States of America engaged in combat to defend distinct legal regimes and the social order they embodied and protected. Depending on whose side's arguments one accepted, the Constitution either demanded the Union's continuance or allowed for its dissolution. After the war began, rival legal concepts of insurrection (a civil war within a nation) and belligerency (war between sovereign enemies) vied for adherents in federal and Confederate councils. In a "nation of laws," such martial legalism was not surprising. Moreover, many of the political leaders of both the North and the South were lawyers themselves, including Abraham Lincoln. These lawyers now found themselves at the center of this violent maelstrom. For these men, as for their countrymen in the years following the conflict, the sacrifices of the war gave legitimacy to new kinds of laws defining citizenship and civil rights. The eminent legal historian Peter Hoffer's Uncivil Warriors focuses on these lawyers' civil war: on the legal professionals who plotted the course of the war from seats of power, the scenes of battle, and the home front. Both sides in the Civil War had their complement of lawyers, and Hoffer provides coverage of both sides' leading lawyers. In positions of leadership, they struggled to make sense of the conflict, and in the course of that struggle, began to glimpse of new world of law. It was a law that empowered as well as limited government, a law that conferred personal dignity and rights on those who, at the war's beginning, could claim neither in law. Comprehensive in coverage, Uncivil Warriors focus on the legal side of America's worst conflict will reshape our understanding of the Civil War itself.
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