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. Originally published 1979. 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 this spine-tingling thriller--the dark offspring of The Lives of Others and The Fugitive--an architect races against the clock to clear his wife of his brother's murder. Architect Peter Crookham is running late for a dinner party with his estranged journalist brother and his gorgeous German wife, Mariana. He enters his home to discover his brother viciously stabbed to death and his wife covered in blood and clutching a knife, in a nearly catatonic state. Refusing to accept that Mariana could be responsible for Andy's death, Peter vows to clear her name. As he begins to search the past for clues, Peter soon learns that Andy had been looking into Mariana's murky past in Germany, and had even traveled to Berlin to piece together some facts about her childhood. Anxious for answers, Peter retraces his brother's steps in East Berlin--and finds himself caught in a web of intrigue involving violent remnants of the former East German security service, the feared STASI. With a split narrative that alternates back and forth between Peter's current hunt for the truth and the horrendous realities of life in communist East Berlin in the 1970s and 1980s, Blood Relative asks the question: How well do we really know the ones we love?
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. Originally published 1979. 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.
That New England might invade Virginia is inconceivable today. But interstate rivalries and the possibility of intersectional war loomed large in the thinking of the Framers who convened in Philadelphia in 1787 to put on paper the ideas that would bind the federal union together. At the end of the Constitutional Convention, Benjamin Franklin rejoiced that the document would "astonish our enemies, who are waiting to hear with confidence . . . that our States are on the point of separation, only to meet hereafter for the purpose of cutting one another's throats." Usually dismissed as hyperbole, this and similar remarks by other Founders help us to understand the core concerns that shaped their conception of the Union. By reexamining the creation of the federal system of the United States from a perspective that yokes diplomacy with constitutionalism, Hendrickson's study, according to Karl Walling, "introduces a new way to think about what is familiar to us." This ground breaking book, then, takes a fresh look at the formative years of American constitutionalism and diplomacy. It tells the story of how thirteen colonies became independent states and found themselves grappling with the classic problems of international cooperation, and it explores the intellectual milieu within which that problem was considered. The founding generation, Hendrickson argues, developed a sophisticated science of international politics relevant both to the construction of their own union and to the foreign relations of "the several states in the union of the empire." The centrality of this discourse, he contends, must severely qualify conventional depictions of early American political thought as simply "liberal" or "republican." Hendrickson also takes issue with conventional accounts of early American foreign policy as "unilateralist" or "isolationist" and insists that the founding generation belonged to and made distinguished contributions to the constitutional tradition in diplomacy, the antecedent of twentieth-century internationalism. He describes an American system of states riven by deep sectional animosities and powerful loyalties to colonies and states (often themselves described as "nations") and explains why in such a milieu the creation of a durable union often appeared to be a quixotic enterprise. The book culminates in a consideration of the making of the federal Constitution, here styled as a peace pact or experiment in international cooperation. Peace Pact is an important book that promises to revolutionize our understanding of the era of revolution and constitution-making. Written in a lucid and accessible style, the book is an excellent introduction to the American founding and its larger significance in American and world history.
In this revelatory account of the people who founded the New England colonies, historian David D. Hall compares the reforms they enacted with those attempted in England during the period of the English Revolution. Bringing with them a deep fear of arbitrary, unlimited authority, these settlers based their churches on the participation of laypeople and insisted on "consent" as a premise of all civil governance. Puritans also transformed civil and criminal law and the workings of courts with the intention of establishing equity. In this political and social history of the five New England colonies, Hall provides a masterful re-evaluation of the earliest moments of New England's history, revealing the colonists to be the most effective and daring reformers of their day.
It was indeed possible for Indians and Europeans to live peacefully in early America and for Indians to survive as distinct communities. Faith and Boundaries uses the story of Martha's Vineyard Wampanoags to examine how. On an island marked by centralized English authority, missionary commitment, and an Indian majority, the Wampanoags' adaptation to English culture, especially Christianity, checked violence while safeguarding their land, community, and ironically, even customs. Yet the colonists' exploitation of Indian land and labor exposed the limits of Christian fellowship and thus hardened racial division. The Wampanoags learned about race through this rising bar of civilization - every time they met demands to reform, colonists moved the bar higher until it rested on biological difference. Under the right circumstances, like those on Martha's Vineyard, religion could bridge wide difference between the peoples of early America, but its transcendent power was limited by the divisiveness of race.
Many scholars believe that the existence of slavery stymied the development of the American state because slaveholding Southern politicians were so at odds with a federal government they feared would abolish their peculiar institution. David Ericson argues to the contrary, showing that over a seventy-year period slavery actually contributed significantly to the development of the American state, even as a "house divided." Drawing on deep archival research that tracks federal expenditures on slavery-related items, Ericson reveals how the policies, practices, and institutions of the early national government functioned to protect slavery and thereby contributed to its own development. Here are surprising descriptions of how the federal government increased its state capacities as it implemented slavery-friendly policies, such as creating more stable slave markets by removing Native Americans, deterring slave revolts, recovering fugitive slaves, enacting a ban on slave imports, and not enacting a ban on the interstate slave trade. It also bolstered its own law-enforcement power by reinforcing navy squadrons to interdict illegal slave trading, hiring deputy marshals to capture fugitive slaves and slave rescuers, and deploying soldiers to remove Native Americans and deter slave rescues and revolts. Going beyond Don Fehrenbacher's The Slaveholding Republic, Ericson shows how the presence of slavery indirectly influenced the development of the American state in highly significant ways. Enforcement of the 1808 slave-import ban involved the federal government in border control for the first time, and participation in founding a colony in Liberia established an early model of public-private partnerships. The presence of slavery also spurred the development of the U.S. Army through its many slavery-related deployments, particularly during the Second Seminole War, and the federal government's own slave rentals influenced its labor-management practices. Ericson's study unearths a long-neglected history, connecting slavery-influenced policy areas more explicitly to early American state development and more fully accounting for the money and manpower the federal government devoted to those areas. Rich in historical detail, it marks a significant contribution to our understanding of state development and the impact of slavery on early American politics.
In this study of the role of taverns in the development of Massachusetts society, David Conroy brings into focus a vital and controversial but little-understood facet of public life during the colonial era. Concentrating on the Boston area, he reveals a popular culture at odds with Puritan social ideals, one that contributed to the transformation of Massachusetts into a republican society. Public houses were an integral part of colonial community life and hosted a variety of official functions, including meetings of the courts. They also filled a special economic niche for women and the poor, many of whom turned to tavern-keeping to earn a living. But taverns were also the subject of much critical commentary by the clergy and increasingly restrictive regulations. Conroy argues that these regulations were not only aimed at curbing the spiritual corruption associated with public houses but also at restricting the popular culture that had begun to undermine the colony's social and political hierarchy. Specifically, Conroy illuminates the role played by public houses as a forum for the development of a vocal republican citizenry, and he highlights the connections between the vibrant oral culture of taverns and the expanding print culture of newspapers and political pamphlets in the eighteenth century.
Americans seem increasingly disenchanted with their legal system. In the wake of several high-profile trials, America's faith in legal authority appears profoundly shaken. And yet, as David Ray Papke shows in this dramatic and erudite tour of American history, many Americans have challenged and often rejected the rule of law since the earliest days of the country's founding. Papke traces the lineage of such legal heretics from nineteenth-century activists William Lloyd Garrison and Elizabeth Cady Stanton, through Eugene Debs, and up to more recent radicals, such as the Black Panther Party, anti-abortionists, and militia members. A tradition of American legal heresy clearly emerges—linked together by a body of shared references, idols, and commitments—that problematizes the American belief in legal neutrality and highlights the historical conflicts between law and justice. Questioning the legal faith both peculiar and essential to American mythology, this alternative tradition is in itself an overlooked feature of American history and culture.
Tracing Austrian intellectual life from Maria Theresa to Hitler's annexation of Austria and Czechoslovakia, this innovative book offers a precise and engaging account of Austrian intellectual history since the Enlightenment. Here, David S. Luft begins by locating his narrative in the region known as Cisleithanian Austria, the area to the west of the Leitha River that was the basis for the modern Austrian state after 1740. Chapter 2 provides a history of the German-speaking intellectual life of these central lands of the Habsburg Monarchy (Austria and Bohemia) from the Enlightenment to annexation by Nazi Germany. Chapters 3 to 5 identify the most important philosophers, writers, and social thinkers who contributed to Austrian intellectual life in the period between 1740 and 1938/1939 and address the intellectual significance of their work. Elegantly written and meticulously researched, Luft's book brings out the contributions of major figures such as Wittgenstein, Hofmannsthal, Musil, Kafka, Rilke, and Freud, but also draws attention to less well-known figures such as Bolzano, Brentano, Grillparzer, Stifter, Broch, and Hayek.
Ohio’s Rufus P. Ranney embodied many of the most intriguing social and political tensions of his time. He was an anticorporate campaigner who became John D. Rockefeller’s favorite lawyer. A student and law partner of abolitionist Benjamin F. Wade, Ranney acquired an antislavery reputation and recruited troops for the Union army; but as a Democratic candidate for governor he denied the power of Congress to restrict slavery in the territories, and during the Civil War and Reconstruction he condemned Republican policies. Ranney was a key delegate at Ohio’s second constitutional convention and a two-time justice of the Ohio Supreme Court. He advocated equality and limited government as understood by radical Jacksonian Democrats. Scholarly discussions of Jacksonian jurisprudence have primarily focused on a handful of United States Supreme Court cases, but Ranney’s opinions, taken as a whole, outline a broader approach to judicial decision making. A founder of the Ohio State Bar Association, Ranney was immensely influential but has been understudied until now. He left no private papers, even destroying his own correspondence. In The Jacksonian Conservatism of Rufus P. Ranney, David M. Gold works with the public record to reveal the contours of Ranney’s life and work. The result is a new look at how Jacksonian principles crossed the divide of the Civil War and became part of the fabric of American law and at how radical antebellum Democrats transformed themselves into Gilded Age conservatives.
Historical Comparative Law and Comparative Legal History Legal history and comparative law overlap in important respects. This is more apparent with the use of some methods for comparison, such as legal transplant, natural law, or nation building. M.N.S. Sellers nicely portrayed the relationship. The past is a foreign country, its people strangers and its laws obscure.... No one can really understand her or his own legal system without leaving it first, and looking back from the outside. The comparative study of law makes one's own legal system more comprehensible, by revealing its idiosyncrasies. Legal history is comparative law without travel. Legal historians, perhaps especially in the United States, have been skeptical about the possibility of a fruitful comparative legal history, preferring in general to investigate the distinctiveness of their national experience. Comparatists, however, content with revealing or promoting similarities or differences between legal systems, by their nature strive toward comparison. Some American historians, especially since World War II, see the value in this"--
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