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In 1776, Thomas Paine declared the end of royal rule in the United States. Instead, “law is king,” for the people rule themselves. Paine’s declaration is the dominant American understanding of how political power is exercised. In making law king, American lawyers became integral to the exercise of political power, so integral to law that legal ethics philosopher David Luban concluded, “lawyers are the law.” American lawyers have defended the exercise of this power from the Revolution to the present by arguing their work is channeled by the profession’s standards of ethical behavior. Those standards demand that lawyers serve the public interest and the interests of their paying clients before themselves. The duties owed both to the public and to clients meant lawyers were in the marketplace selling their services, but not of the marketplace. This is the story of power and the limits of ethical constraints to ensure such power is properly wielded. The Lawyer’s Conscience is the first book examining the history of American lawyer ethics, ranging from the mid-eighteenth century to the “professionalism” crisis facing lawyers today.
This is the first comprehensive scholarly guide to colonial Massachusetts law and legal records. The first section consists of a general introduction by the editor, Daniel R. Coquillette, and eleven papers, including contributions by most of the leading scholars in the field. These relate to every major chronological period and include substantial new research as to the eariest practices in New England. Many of these papers illustrate the impact of new methodologies and new attitudes toward the scope of legal history, encompassing not only traditional doctrinal studies, but also the use of logal sources to explore problems of social control and coercion and to describe more accurately the quality of life among all classes in the Bay Colony.
During the formative years of the American republic, lawyers and architects, both eager to secure public affirmation of their professional status, worked together to create specialized, purpose-built courthouses to replace the informal judicial settings in which trials took place during the colonial era. In From Tavern to Courthouse, Martha J. McNamara addresses this fundamental redefinition of civic space in Massachusetts. Professional collaboration, she argues, benefitted both lawyers and architects, as it reinforced their desire to be perceived as trained specialists solely concerned with promoting the public good. These courthouses, now reserved exclusively for legal proceedings and occupying specialized locations in the town plans represented a new vision for the design, organization, and function of civic space. McNamara shows how courthouse spaces were refined to reflect the increasingly professionalized judicial system and particularly to accommodate the rapidly growing participation of lawyers in legal proceedings. In following this evolution of judicial space from taverns and town houses to monumental courthouse complexes, she discusses the construction of Boston's first civic building, the 1658 Town House, and its significance for colonial law and commerce; the rise of professionally trained lawyers through the seventeenth and eighteenth centuries; and changes in judicial rituals at the turn of the century and development of specialized judicial landscapes. A case study of three courthouses built in Essex County between 1785 and 1805, delineates these changes as they unfold in one county over a thirty year period. Concise and clearly written, From Tavern to Courthouse reveals the processes by which architects and lawyers crafted new judicial spaces to provide a specialized, exclusive venue in which lawyers could articulate their professional status.
Nationality, argues Peter Hall, did not follow directly from the colonists' declatation of independence from England, nor from the political union of the states under the Constitution of 1789. It was, rather, the product of organizations which socialized individuals to a national outlook. These institutions were the private corportions which Americans used after 1790 to carry on their central activities of production. The book is in three parts. In the first part the social and economic development of the American colonies is considered. In New England, population growth led to the breakdown of community - and the migration of people to both the cities and the frontier. New England's merchants and professional tried to maintain community leadership in the context of capitalism and democracy and developed a remarkable dependence on pricate corporations and the eleemosynary trust, devices that enabled them to exert influence disproportionate to their numbers. Part two looks at the problem of order and authority after 1790. Tracing the role of such New England-influenced corporate institutions as colleges, religious bodies, professional societeis, and businesses, Hall shows how their promoters sought to "civilize" the increasingly diverse and dispersed American people. With Jefferson's triumph in 1800. these institutions turned to new means of engineering consent, evangelical religion, moral fegorm, and education. The third part of this volume examines the fruition a=of these corporatist efforts. The author looks at the Civil War as a problem in large-scale organization, and the pre- and post-war emergence of a national administrative elite and national institutions of business and culture. Hall concludes with an evaluation of the organizational components of nationality and a consideration of the precedent that the past sets for the creation of internationality.
Annotation Olson (history, U. of Maryland) argues that, until the eve of the revolution, the British crown could rule its American colonies peacefully with so few administrators because an extensive network of voluntary interest groups, tying the colonies and London, allowed colonists a measure of influence over the central government. Annotation c. by Book News, Inc., Portland, Or.
Primarily consists of: Transactions, v. 1, 3, 5-8, 10-14, 17-21, 24-28, 32, 34-35, 38, 42-43; and: Collections, v. 2, 4, 9, 15-16, 22-23, 29-31, 33, 36-37, 39-41; also includes lists of members.
A Companion to American Legal History presents a compilation of the most recent writings from leading scholars on American legal history from the colonial era through the late twentieth century. Presents up-to-date research describing the key debates in American legal history Reflects the current state of American legal history research and points readers in the direction of future research Represents an ideal companion for graduate and law students seeking an introduction to the field, the key questions, and future research ideas
A comprehensive review of research literature on the legal profession in the United States. Works discussed are based on a more or less scholarly description, presentation, or analysis of facts & data, preferably in support of a hypothesis, either formal or implicit. Distributed by William S. Hein & Co., Inc.
"This is a study in the history of capitalism in the context of colonial New England. The author argues that colonial women's skilled labor undergirded the workings of financial networks and was instrumental in shaping the development of economic and legal systems. The author shows that the economies of the colonial port cities of Boston and Newport could not have functioned without women's labor and credit relationships"--