Search Results: the-common-law-in-colonial-america-volume-iii-the-chesapeake-and-new-england-1660-1750

The Common Law in Colonial America

The Chesapeake and New England, 1660-1750

Author: William E. Nelson

Publisher: Oxford University Press

ISBN: 0190465050

Category: Law

Page: 240

View: 3470

William E. Nelson here proposes a new beginning in the study of colonial legal history. Examining all archival legal material for the period 1607-1776 and synthesizing existing scholarship in a four-volume series, The Common Law in Colonial America shows how the legal systems of Britain's thirteen North American colonies--initially established in response to divergent political, economic, and religious initiatives--slowly converged into a common American legal order that differed substantially from English common law. Drawing on groundbreaking and overwhelmingly in-depth research into local court records and statutes, the first volume explores how the law of the Chesapeake colonies--Virginia and Maryland--diverged sharply from the New England colonies--Massachusetts Bay, Connecticut, New Haven, Plymouth, and Rhode Island--and traces the roots of these dissimilarities from their initial settlement until approximately 1660. Nelson pointedly examines the disparate motives of the legal systems in the respective colonies as they dealt with religion, price and labor regulations, crimes, public morals, the status of women, and the enforcement of contractual obligations. He reveals how Virginians' zeal for profit led to a harsh legal framework that efficiently squeezed payment out of debtors and labor out of servants; whereas the laws of Massachusetts were primarily concerned with the preservation of local autonomy and the moral values of family-centered farming communities. The law in the other New England colonies, Nelson argues, gravitated towards the Massachusetts model, while Maryland's law, gravitated toward that of Virginia. Comprehensive, authoritative, and extensively researched, The Common Law in Colonial America, Volume 1: The Chesapeake and New England, 1607-1660 is the definitive resource on the beginnings of the common law and its evolution during this vibrant era in America's history.

The Common Law in Colonial America

The Chesapeake and New England, 1660-1750

Author: William E. Nelson

Publisher: Oxford University Press

ISBN: 0190465050

Category: Law

Page: 240

View: 8693

William E. Nelson here proposes a new beginning in the study of colonial legal history. Examining all archival legal material for the period 1607-1776 and synthesizing existing scholarship in a four-volume series, The Common Law in Colonial America shows how the legal systems of Britain's thirteen North American colonies--initially established in response to divergent political, economic, and religious initiatives--slowly converged into a common American legal order that differed substantially from English common law. Drawing on groundbreaking and overwhelmingly in-depth research into local court records and statutes, the first volume explores how the law of the Chesapeake colonies--Virginia and Maryland--diverged sharply from the New England colonies--Massachusetts Bay, Connecticut, New Haven, Plymouth, and Rhode Island--and traces the roots of these dissimilarities from their initial settlement until approximately 1660. Nelson pointedly examines the disparate motives of the legal systems in the respective colonies as they dealt with religion, price and labor regulations, crimes, public morals, the status of women, and the enforcement of contractual obligations. He reveals how Virginians' zeal for profit led to a harsh legal framework that efficiently squeezed payment out of debtors and labor out of servants; whereas the laws of Massachusetts were primarily concerned with the preservation of local autonomy and the moral values of family-centered farming communities. The law in the other New England colonies, Nelson argues, gravitated towards the Massachusetts model, while Maryland's law, gravitated toward that of Virginia. Comprehensive, authoritative, and extensively researched, The Common Law in Colonial America, Volume 1: The Chesapeake and New England, 1607-1660 is the definitive resource on the beginnings of the common law and its evolution during this vibrant era in America's history.

Law and Sexual Misconduct in New England, 1650-1750

Steering Toward England

Author: Abby Chandler

Publisher: Routledge

ISBN: 1317107799

Category: History

Page: 200

View: 4783

Having arriving in the Province of Maine in 1641 with a brief to create both government and law for the fledgling colony, Thomas Gorges later recorded his policy as having ’steared as neere as we could to the course of Ingland’. Over the course of the next century the various colonial administrations all consciously measured their laws against that of England, whether their intention was imitation of or conscious opposition to, established English legal system. In order to trace the shifting and contested relationships between colonial laws and English laws, this book focuses on the prosecution of sexual misconduct. All crimes can threaten orderly society but no other crime posed quite the same long term implications as illicit sex resulting in the birth of illegitimate children who became their own social challenges. Sexual misconduct was, consequently, a major concern for early modern leaders, making it a particularly fruitful subject for studying the complex relationship between laws in England and laws in the English colonies. Political and ecclesiastical leaders create laws to coerce people to behave in a certain fashion and to convey wider messages about the societies they govern. When those same laws are broken, lawbreakers must be tried and punished by a means intended to serve as a warning to other would-be lawbreakers. In this book the two-part analysis of changing sexual misconduct laws and the resulting trial depositions highlights the ways in which ordinary New England colonists across New England both interacted with and responded to the growing Anglicization of their legal systems and makes the argument that these men and women saw themselves as taking part in a much larger process.

The Cambridge Companion to the United States Constitution

Author: Karen Orren,John Compton

Publisher: Cambridge University Press

ISBN: 1108340350

Category: Political Science

Page: N.A

View: 6742

This Companion provides a broad, historically informed introduction to the study of the US constitutional system. In place of the usual laundry lists of cases, doctrines, and theories, it presents a picture of the constitutional system in action, with separate sections devoted to constitutional principles, organizational structures, and the various legal and extra-legal 'actions' through which litigators and average citizens have attempted to bring about constitutional change. Finally, the volume covers a number of subjects that are rarely discussed in works aimed at a general audience, but which are critical to ensuring that constitutional rights are honored in the day-to-day lives of citizens. These include standing and causes of action, suits against officeholders, and the inner workings of the Foreign Intelligence Surveillance Court (FISC). This Companion places present-day constitutional controversies in historical context, and offers insights from a range of disciplines, including history, political science, and law.

The World of Colonial America

An Atlantic Handbook

Author: Ignacio Gallup-Diaz

Publisher: Routledge

ISBN: 131766213X

Category: History

Page: 416

View: 7815

The World of Colonial America: An Atlantic Handbook offers a comprehensive and in-depth survey of cutting-edge research into the communities, cultures, and colonies that comprised colonial America, with a focus on the processes through which communities were created, destroyed, and recreated that were at the heart of the Atlantic experience. With contributions written by leading scholars from a variety of viewpoints, the book explores key topics such as -- The Spanish, French, and Dutch Atlantic empires -- The role of the indigenous people, as imperial allies, trade partners, and opponents of expansion -- Puritanism, Protestantism, Catholicism, and the role of religion in colonization -- The importance of slavery in the development of the colonial economies -- The evolution of core areas, and their relationship to frontier zones -- The emergence of the English imperial state as a hegemonic world power after 1688 -- Regional developments in colonial North America. Bringing together leading scholars in the field to explain the latest research on Colonial America and its place in the Atlantic World, this is an important reference for all advanced students, researchers, and professionals working in the field of early American history or the age of empires.

Give Me Liberty! An American History

Fifth Edition, One Volume

Author: Eric Foner

Publisher: W. W. Norton & Company

ISBN: 039328316X

Category: History

Page: 1320

View: 2851

Give Me Liberty! is the #1 book in the U.S. history survey course because it works in the classroom. A single-author text by a leader in the field, Give Me Liberty! delivers an authoritative, accessible, concise, and integrated American history. Updated with powerful new scholarship on borderlands and the West, the Fifth Edition brings new interactive History Skills Tutorials and Norton InQuizitive for History, the award-winning adaptive quizzing tool.

Comparative Matters

The Renaissance of Comparative Constitutional Law

Author: Ran Hirschl

Publisher: Oxford University Press, USA

ISBN: 0198714513

Category: Law

Page: 304

View: 4217

Through an extensive exploration of comparative constitutional endeavours past and present, near and far, Ran Hirschl shows how attitudes towards engagement with the constitutive laws of others reflect tensions between particularism and universalism as well as competing visions of who 'we' are as a political community. Drawing on insights from social theory, religion, history, political science, and public law, Hirschl argues for an interdisciplinary approach tocomparative constitutionalism that is methodologically and substantively preferable to merely doctrinal accounts. The future of comparative constitutional studies, he contends, lies in relaxing thesharp divide between constitutional law and the social sciences.

Dictionary of National Biography: Index and Epitome

Author: N.A

Publisher: N.A

ISBN: N.A

Category:

Page: N.A

View: 8816

Dictionary of National Biography

Index and Epitome

Author: Sir Sidney Lee

Publisher: N.A

ISBN: N.A

Category: Great Britain

Page: 1456

View: 9832

Creatures of Empire

How Domestic Animals Transformed Early America

Author: Virginia DeJohn Anderson

Publisher: Oxford University Press, USA

ISBN: 9780195304466

Category: History

Page: 322

View: 2621

Presenting history in a new light, this original work highlights the pivotal role that livestock played in early America. 2 maps, 8 halftones.

Formalizing Displacement

International Law and Population Transfers

Author: Umut Özsu

Publisher: Oxford University Press, USA

ISBN: 0198717431

Category: Law

Page: 169

View: 5299

Large-scale population transfers are immensely disruptive. Interestingly, though, their legal status has shifted considerably over time. In this book, Umut Özsu situates population transfer within the broader history of international law by examining its emergence as a legally formalized mechanism of nation-building in the early twentieth century. The book's principal focus is the 1922-34 compulsory exchange of minorities between Greece and Turkey, a crucially important endeavor whose legal dimensions remain under-scrutinized. Drawing upon historical sociology and economic history in addition to positive international law, the book interrogates received assumptions about international law's history by exploring the 'semi-peripheral' context within which legally formalized population transfers came to arise. Supported by the League of Nations, the 1922-34 population exchange reconfigured the demographic composition of Greece and Turkey with the aim of stabilizing a region that was regarded neither as European nor as non-European. The scope and ambition of the undertaking was staggering: over one million were expelled from Turkey, and over a quarter of a million were expelled from Greece. The book begins by assessing minority protection's development into an instrument of intra-European governance during the course of the nineteenth and early twentieth centuries. It then shows how population transfer emerged in the 1910s and 1920s as a radical alternative to minority protection in Anatolia and the Balkans, focusing in particular on the 1922-3 Conference of Lausanne, at which a peace settlement formalizing the compulsory Greek-Turkish exchange was concluded. Finally, it analyses the Permanent Court of International Justice's 1925 advisory opinion in Exchange of Greek and Turkish Populations, contextualizing it in the wide-ranging debates concerning humanitarianism and internationalism that pervaded much of the exchange process.

America, History and Life

Author: Eric H. Boehm

Publisher: N.A

ISBN: N.A

Category: United States

Page: N.A

View: 8198

Provides historical coverage of the United States and Canada from prehistory to the present. Includes information abstracted from over 2,000 journals published worldwide.

Puritan Family

Author: Edmund S. Morgan

Publisher: Harper Collins

ISBN: 0061312274

Category: History

Page: 208

View: 3000

The Puritans came to New England not merely to save their souls but to establish a "visible" kingdom of God, a society where outward conduct would be according to God's laws. This book discusses the desire of the Puritans to be socially virtuous and their wish to force social virtue upon others.

English Common Law in the Early American Colonies

Author: Paul Samuel Reinsch

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584774878

Category: History

Page: 64

View: 3497

Reinsch, Paul Samuel. English Common Law in the Early American Colonies. Madison: [Bulletin of the University of Wisconsin], 1899. 64 pp. Reprint available December, 2004 by the Lawbook Exchange, Ltd. ISBN 1-58477-487-8. Cloth. $65. * This focused study of the institutional framework of colonial government addresses the colonial policy of the European powers, the motives and methods of colonial expansion, the general forms of colonial government and how the administrative and legislative methods of each colony grew to accommodate them.

Freedom Bound

Law, Labor, and Civic Identity in Colonizing English America, 1580–1865

Author: Christopher Tomlins

Publisher: Cambridge University Press

ISBN: 9781139490931

Category: History

Page: N.A

View: 1184

Freedom Bound is about the origins of modern America - a history of colonizing, work and civic identity from the beginnings of English presence on the mainland until the Civil War. It is a history of migrants and migrations, of colonizers and colonized, of households and servitude and slavery, and of the freedom all craved and some found. Above all it is a history of the law that framed the entire process. Freedom Bound tells how colonies were planted in occupied territories, how they were populated with migrants - free and unfree - to do the work of colonizing and how the newcomers secured possession. It tells of the new civic lives that seemed possible in new commonwealths and of the constraints that kept many from enjoying them. It follows the story long past the end of the eighteenth century until the American Civil War, when - just for a moment - it seemed that freedom might finally be unbound.

Strange New Land

Africans in Colonial America

Author: Peter H. Wood

Publisher: Oxford University Press

ISBN: 0195158237

Category: Juvenile Nonfiction

Page: 110

View: 8427

Offers a history of Africans in North America from the first arrivals in 1526 through the Revolutionary War.

What Blood Won't Tell

Author: Ariela Julie Gross

Publisher: Harvard University Press

ISBN: 0674037979

Category: History

Page: 380

View: 9809

Unearthing the legal history of racial identity, Gross’s book examines the paradoxical and often circular relationship of race and the perceived capacity for citizenship in American society.

The Defining Moments in Bengal

1920–1947

Author: Sabyasachi Bhattacharya

Publisher: Oxford University Press

ISBN: 0199089345

Category: History

Page: 419

View: 4427

This work explores some of the constitutive elements in the life and mind of Bengal in the twentieth century. The author addresses some frequently unasked questions about the history of modern Bengal. In what way was twentieth-century Bengal different from 'Renaissance' Bengal of the late-nineteenth century? How was a regional identity consciousness redefined? Did the lineaments of politics in Bengal differ from the pattern in the rest of India? What social experiences drove the Muslim community's identity perception? How did Bengal cope with such crises as the impact of World War II, the famine of 1943 and the communal clashes that climaxed with the Calcutta riots of 1946? The author has chosen a significant period in the history of the region and draws on a wealth of sources archival and published documents, mainstream dailies, a host of rare Bengali magazines, memoirs and the literature of the time to tell his story. Looking closely at the momentous changes taking place in the region's economy, politics and socio-cultural milieu in the historically transformative years 1920-47, this book highlights myriad issues that cast a shadow on the decades that followed, arguably till our times.

Historical Abstracts

Modern history abstracts, 1450-1914

Author: N.A

Publisher: N.A

ISBN: N.A

Category: History, Modern

Page: N.A

View: 9752

Suspect Relations

Sex, Race, and Resistance in Colonial North Carolina

Author: Kirsten Fischer

Publisher: Cornell University Press

ISBN: 9780801438226

Category: History

Page: 265

View: 8194

Over the course of the eighteenth century, race came to seem as corporeal as sex. Kirsten Fischer has mined unpublished court records and travel literature from colonial North Carolina to reveal how early notions of racial difference were shaped by illicit sexual relationships and the sanctions imposed on those who conducted them. Fischer shows how the personal—and yet often very public—sexual lives of Native American, African American, and European American women and men contributed to the new racial order in this developing slave society. Liaisons between European men and native women, among white and black servants, and between servants and masters, as well as sexual slander among whites and acts of sexualized violence against slaves, were debated, denied, and recorded in the courtrooms of colonial North Carolina. Indentured servants, slaves, Cherokee and Catawba women, and other members of less privileged groups sometimes resisted colonial norms, making sexual choices that irritated neighbors, juries, and magistrates and resulted in legal penalties and other acts of retribution. The sexual practices of ordinary people vividly bring to light the little-known but significant ways in which notions of racial difference were alternately contested and affirmed before the American Revolution.Fischer makes an innovative contribution to the history of race, class, and gender in early America by uncovering a detailed record of illicit sexual exchanges in colonial North Carolina and showing how acts of resistance to sexual rules complicated ideas about inherent racial difference.

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