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As a law student and young lawyer in the 1760s, Thomas Jefferson began writing abstracts of English common law reports. Even after abandoning his law practice, he continued to rely on his legal commonplace book to document the legal, historical, and philosophical reading that helped shape his new role as a statesman. Indeed, he made entries in the notebook in preparation for his mission to France, as president of the United States, and near the end of his life. This authoritative volume is the first to contain the complete text of Jefferson’s notebook. With more than 900 entries on such thinkers as Beccaria, Montesquieu, and Lord Kames, Jefferson’s Legal Commonplace Book is a fascinating chronicle of the evolution of Jefferson’s searching mind. Jefferson’s abstracts of common law reports, most published here for the first time, indicate his deepening commitment to whig principles and his incisive understanding of the political underpinnings of the law. As his intellectual interests and political aspirations evolved, so too did the content and composition of his notetaking. Unlike the only previous edition of Jefferson’s notebook, published in 1926, this edition features a verified text of Jefferson’s entries and full annotation, including essential information on the authors and books he documents. In addition, the volume includes a substantial introduction that places Jefferson’s text in legal, historical, and biographical context.
Why do some people call the police to quiet a barking dog in the middle of the night, while others accept devastating loss or actions without complaint? Sociologists Patricia Ewick and Susan Silbey examine more than 400 case studies to explore the various ways the law is perceived and utilized, or not, by a broad spectrum of citizens.
"Commonplace books" are collections of quotations, anecdotes, proverbs, and various other types of text extracts. They and the theories informing their compilation were the progenitors of reference works that are now quite taken for granted: encyclopedias, concordances, and books of quotations. Commonplace Books is a stand-alone historical survey of manuscript and printed books relating to the complex and extremely influential genre of the commonplace book from classical antiquity to the present day. Comprised of a series of long historical essays followed by short hand-lists of exhibited items, this volume is the first comprehensive, introductory survey to cover the entire commonplace book tradition, from its origin in ancient Greek and Roman rhetorical theory and philosophy, to the end of the 20th century.
This edition presents the full text of a personal collection of temporale Middle-English sermons, compiled by a parish priest for his own use. It also includes the notes and fragments of sermons or exempla found at the beginning of the manuscript with a purpose of giving insight into the way a parish priest would compile materials. This manuscript has attracted attention because it perserves versions of these sermons' early stages. This edition is therefore complementary to editions of later versions of the same sermons. The introduction provides a discussion of these sermons' textual history and the circumstances in which they were possibly preached. This volume also includes explanatory notes and a glossary.
Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
What is an author? What is a text? At a time when the definition of "text" is expanding and the technology whereby texts are produced and disseminated is changing at an explosive rate, the ways "authorship" is defined and rights conferred upon authors must also be reconsidered. This volume argues that contemporary copyright law, rooted as it is in a nineteenth-century Romantic understanding of the author as a solitary creative genius, may be inapposite to the realities of cultural production. Drawing together distinguished scholars from literature, law, and the social sciences, the volume explores the social and cultural construction of authorship as a step toward redefining notions of authorship and copyright for today's world. These essays, illustrating cultural studies in action, are aggressively interdisciplinary and wide-ranging in topic and approach. Questions of collective and collaborative authorship in both contemporary and early modern contexts are addressed. Other topics include moral theory and authorship; copyright and the balance between competing interests of authors and the public; problems of international copyright; musical sampling and its impact on "fair use" doctrine; cinematic authorship; quotation and libel; alternative views of authorship as exemplified by nineteenth-century women's clubs and by the Renaissance commonplace book; authorship in relation to broadcast media and to the teaching of writing; and the material dimension of authorship as demonstrated by Milton's publishing contract. Contributors. Rosemary J. Coombe, Margreta de Grazia, Marvin D'Lugo, John Feather, N. N. Feltes, Ann Ruggles Gere, Peter Jaszi, Gerhard Joseph, Peter Lindenbaum, Andrea A. Lunsford and Lisa Ede, Jeffrey A. Masten, Thomas Pfau, Monroe E. Price and Malla Pollack, Mark Rose, Marlon B. Ross, David Sanjek, Thomas Streeter, Jim Swan, Max W. Thomas, Martha Woodmansee, Alfred C. Yen
This book argues for a change in our understanding of the relationships among law, politics, and history. Since the turn of the nineteenth century, a certain anti-foundational conception of history has served to undermine law's foundations, such that we tend to think of law as nothing other than a species of politics. Thus viewed, the activity of unelected, common law judges appears to be an encroachment on the space of democracy. However, Kunal M. Parker shows that the world of the nineteenth century looked rather different. Democracy was itself constrained by a sense that history possessed a logic, meaning, and direction that democracy could not contravene. In such a world, far from law being seen in opposition to democracy, it was possible to argue that law - specifically, the common law - did a better job than democracy of guiding America along history's path.
"A brilliant . . . analysis of the fragile hegemony and identities of colonial Virginia's elite men. . . . On the Sources of Patriarchal Rage compellingly illuminates the ragged edge where masculinity and colonial identity meet. . . . [the book] will undoubtedly send Jefferson scholars scurrying back to their notes. . . . Most significant, by being among the first to tackle the subject of masculinity in early America, Lockridge forces colonial scholars to reexamine the lives of men they thought they already knew too well." —William and Mary Quarterly Two of the greatest of Virginia gentlemen, William Byrd II and Thomas Jefferson, each kept a commonplace book--in effect, a journal where men were to collect wisdom in the form of anecdotes and quotations from their readings with a sense of detachment and scholarship. Writing in these books, each assembled a prolonged series of observations laden with fear and hatred of women. Combining ignorance with myth and misogyny, Byrd's and Jefferson's books reveal their deep ambivalence about women, telling of women's lascivious nature and The Female Creed and invoking the fallible, repulsive, and implicitly corruptible female body as a central metaphor for all tales of social and political corruption. Were these private outbursts meaningless and isolated incidents, attributable primarily to individual pathology, or are they written revelations of the forces working on these men to maintain patriarchal control? Their hatred for women draws upon a kind of misogynistic reserve found in the continental and English intellectual traditions, but it also twists and recontextualizes less misogynistic excerpts to intensified effect. From this interplay of intellectual traditions and the circumstances of each man's life and later behavior arises the possibility one or more specific politics of misogyny is at work here. Kenneth Lockridge's work, replete with excerpts from the books themselves, leads us through these texts, exploring the structures, contexts, and significance of these writings in the wider historical context of gender and power. His book convincingly illustrates the ferocity of early American patriarchal rage; its various meanings, however suggestively explored here, must remain contestable.
The flood of information brought to us by advancing technology is often accompanied by a distressing sense of "information overload," yet this experience is not unique to modern times. In fact, says Ann M. Blair in this intriguing book, the invention of the printing press and the ensuing abundance of books provoked sixteenth- and seventeenth-century European scholars to register complaints very similar to our own. Blair examines methods of information management in ancient and medieval Europe as well as the Islamic world and China, then focuses particular attention on the organization, composition, and reception of Latin reference books in print in early modern Europe. She explores in detail the sophisticated and sometimes idiosyncratic techniques that scholars and readers developed in an era of new technology and exploding information.