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How American colonists laid the foundations of American capitalism with an economy built on credit Even before the United States became a country, laws prioritizing access to credit set colonial America apart from the rest of the world. Credit Nation examines how the drive to expand credit shaped property laws and legal institutions in the colonial and founding eras of the republic. In this major new history of early America, Claire Priest describes how the British Parliament departed from the customary ways that English law protected land and inheritance, enacting laws for the colonies that privileged creditors by defining land and slaves as commodities available to satisfy debts. Colonial governments, in turn, created local legal institutions that enabled people to further leverage their assets to obtain credit. Priest shows how loans backed with slaves as property fueled slavery from the colonial era through the Civil War, and that increased access to credit was key to the explosive growth of capitalism in nineteenth-century America. Credit Nation presents a new vision of American economic history, one where credit markets and liquidity were prioritized from the outset, where property rights and slaves became commodities for creditors' claims, and where legal institutions played a critical role in the Stamp Act crisis and other political episodes of the founding period.
A social history of the class system in the United States from the colonial period through the constitutional era that primarily concerns itself with the issue of slavery. Other legislative areas affected by the social structure of the times covered include laws of debt, land tenure, fair trade, and food supply...Marke, A Catalogue of the Law Collection of New York University (1953) 809.
This book presents an intelligent overview into the driving forces that shaped American history in the Northeast. It draws on primary documents such as farmer's diaries, small rural papers of the 19th century, and the publications of state agricultural societies.
Tracing the political, ideological, and constitutional arguments from the imperial crisis with Britain and the drafting of the Articles of Confederation to the ratification of the Constitution and the political conflict between Federalists and Jeffersonians, The American Revolution, State Sovereignty, and the American Constitutional Settlement, 1765–1800 reveals the largely forgotten importance of state sovereignty to American constitutionalism. Contrary to modern popular perceptions and works by other academics, the Founding Fathers did not establish a constitutional system based upon a national popular sovereignty nor a powerful national government designed to fulfill a grand philosophical purpose. Instead, most Americans throughout the period maintained that a constitutional order based upon the sovereignty of states best protected and preserved liberty. Enshrining their preference for state sovereignty in Article II of the Articles of Confederation and in the Tenth and Eleventh Amendments to the federal constitution, Americans also claimed that state interposition—the idea that the states should intervene against any perceived threats to liberty posed by centralization—was an established and accepted element of state sovereignty.
This book systematically investigates the capital punishment of girls and women in one jurisdiction in the United States over nearly four centuries. Using Connecticut as an essential case study, due to its long history as a colony and a state, this study is the first of its kind not only for New England but for the United States. The author uses rich archival sources to look critically at the gendered differential in the application of the death penalty from the seventeenth century until the abolition of capital punish-ment in Connecticut in 2012. In addition to analyzing cases of executions, this monograph offers an innovative focus on women and girls who escaped judicial execution with death sentences that were avoided, reversed, reprieved, or commuted. The book fully describes the impact of the rise and fall of witchcraft allegations during the last half of the seventeenth century, the clash between the deg-radation of slavery and Enlightenment ideals that was the provocation for the de facto end of female capital punishment in the New Republic, the introduction of two degrees of murder, which effectively provided an es-cape hatch from the gallows, and a detailed look at the unique case of Lydia Sherman, whose sentence to life in prison under the Connecticut murder statute of 1846 emphatically confirmed the unofficial state exemption of females from the gallows. Pivotal cases since 1900 are also examined. The book will attract attention from a broad audience interested in criminology, criminal justice, capital punishment, women’s studies, and legal history. Anti-death penalty advocates, law school activists, public defenders, capital punishment litigators, and jurists will also find the book useful. Winner of the Association for the Study of Connecticut History 2020 Homer D. Babbidge Jr. Award for the best monograph on a significant aspect of Connecticut’s history published in a calendar year.
'Law Books in Action: Essays on the Anglo-American Legal Treatise' explores the history of the legal treatise in the common law world. Rather than looking at treatises as shortcuts from 'law in books' to 'law in action', the essays in this collection ask what treatises can tell us about what troubled legal professionals at a given time, what motivated them to write what they did, and what they hoped to achieve. This book, then, is the first study of the legal treatise as a 'law book in action', an active text produced by individuals with ideas about what they wanted the law to be, not a mere stepping-stone to codes and other forms of legal writing, but a multifaceted genre of legal literature in its own right, practical and fanciful, dogmatic and ornamental in turn. This book will be of interest to legal scholars, lawyers and judges, as well as to anyone else with a scholarly interest in law in general, and legal history in particular.
A detailed and compelling examination of how the legal theory of originalism ignores and distorts the very constitutional history from which it derives interpretive authority “What are the chances that, in 2024, a new book could fundamentally reorient how we understand America’s founding? Jonathan Gienapp . . . has written such a book. . . . You read it, and you get vertigo. . . . Gienapp’s book comes as a thunderclap.”—Cass Sunstein, Washington Post Constitutional originalism stakes law to history. The theory’s core tenet—that the U.S. Constitution should be interpreted according to its original meaning—has us decide questions of modern constitutional law by consulting the distant constitutional past. Yet originalist engagement with history is often deeply problematic. And now that a majority of justices on the U.S. Supreme Court champion originalism, the task of scrutinizing originalists’ use and abuse of history has never been more urgent. In this comprehensive and novel critique of originalism, Jonathan Gienapp targets originalists’ unspoken assumptions about the Constitution and its history. Originalists are committed to recovering the Constitution laid down at the American Founding, yet they often assume that the Constitution is fundamentally modern. Rather than recovering the original Constitution, they project their own understandings onto it, assuming that eighteenth-century constitutional thinking was no different than their own. They take for granted what it meant to write a constitution down, what law was, how it worked, and where it came from, and how a constitution’s meaning was fixed. In the process, they erase the Constitution that eighteenth-century Americans in fact created. By understanding how originalism fails, we can better understand the Constitution that we have.