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"[A] guide to the history and development of law in the U.S. and the change from territory to statehood"--Back cover.
Explore the controversial legal history of the formation of the United States Prestatehood Legal Materials is your one-stop guide to the history and development of law in the U.S. and the change from territory to statehood. Unprecedented in its coverage of territorial government, this book identifies a wide range of available resources from each state to reveal the underlying legal principles that helped form the United States. In this unique publication, a state expert compiles each chapter using his or her own style, culminating in a diverse sourcebook that is interesting as well as informative. In Prestatehood Legal Materials, you will find bibliographies, references, and discussion on a varied list of source materials, including: state codes drafted by Congress county, state, and national archives journals and digests state and federal reports, citations, surveys, and studies books, manuscripts, papers, speeches, and theses town and city records and documents Web sites to help your search for more information and more Prestatehood Legal Materials provides you with brief overviews of state histories from colonization to acceptance into the United States. In this book, you will see how foreign countries controlled the laws of these territories and how these states eventually broke away to govern themselves. The text also covers the legal issues with Native Americans, inter-state and the Mexico and Canadian borders, and the development of the executive, legislative, and judicial branches of state government. This guide focuses on materials that are readily available to historians, political scientists, legal scholars, and researchers. Resources that assist in locating not-so-easily accessible materials are also covered. Special sections focus on the legal resources of colonial New York City and Washington, DC—which is still technically in its prestatehood stage. Due to the enormity of this project, the editor of Prestatehood Legal Materials created a Web page where updates, corrections, additions and more will be posted.
In this innovative study, Daniel A. Cohen explores a major cultural shift embodied in hundreds of early New England crime publications. Tracing the declining authority of Puritan ministers, he shows how the arbiters of an increasingly pluralistic literary marketplace gradually supplanted pious execution sermons with last-speech broadsides, gallows verses, criminal autobiographies, trial reports, newspaper stories, and romantic docudramas. Pillars of Salt, Monuments of Grace probes the forgotten origins of our modern mass media's preoccupation with crime and punishment.
Since 2007, the Supreme Court of Pakistan has emerged as a dominant force in Pakistani politics through its hyper-active use of judicial review, or the power to overrule Parliament’s laws and the Prime Minister’s acts. This hyper-activism was on display during the Supreme Court’s unilateral disqualification of Prime Minister Yousef Raza Gilani in 2012 under the leadership of Chief Justice Iftikhar Chaudhry. Despite the Supreme Court’s practical adoption of restraint subsequent to the retirement of Chief Justice Chaudhry in 2013, the Court has once again disqualified a prime minister, Nawaz Sharif, due to allegations of corruption in 2017. While many critics have focused on the substance of the Court’s decisions in these cases, sufficient focus is not paid to the amorphous case-selection process of the Supreme Court of Pakistan. In order to compare the relatively unregulated process of case-selection in Pakistan to the more structured processes utilized by the Supreme Courts of the United States’ and India, this book aims to understand the historical roots of judicial review in each country dating back to the colonial era extending through the foundational period of each nation impacting present-day jurisprudence. As a first in its kind, this study comparatively examines these periods of history in order to contextualize a practical prescription to standardize the case-selection process in the Supreme Court of Pakistan in a way that retains the Court’s overall power while limiting its involvement in purely political issues. This publication offers a critical and comparative view of the Supreme Court of Pakistan’s recent involvement in political disputes due to the lack of a discerning case-selection system that has otherwise been adopted by the Supreme Courts of India and the United States’ to varying degrees. It will be of interest to academics in the fields of Asian Law, South Asian Politics and Law and Comparative Law.
A compelling reexamination of how Britain used law to shape its empire For many years, Britain tried to impose its own laws on the peoples it conquered, and English common law usually followed the Union Jack. But the common law became less common after Britain emerged from the Seven Years' War (1754-63) as the world's most powerful empire. At that point, imperial policymakers adopted a strategy of legal pluralism: some colonies remained under English law, while others, including parts of India and former French territories in North America, retained much of their previous legal regimes. As legal historian Christian R. Burset argues, determining how much English law a colony received depended on what kind of colony Britain wanted to create. Policymakers thought English law could turn any territory into an anglicized, commercial colony; legal pluralism, in contrast, would ensure a colony's economic and political subordination. Britain's turn to legal pluralism thus reflected the victory of a new vision of empire--authoritarian, extractive, and tolerant--over more assimilationist and egalitarian alternatives. Among other implications, this helps explain American colonists' reverence for the common law: it expressed and preserved their equal status in the empire. This book, the first empire-wide overview of law as an instrument of policy in the eighteenth-century British Empire, offers an imaginative rethinking of the relationship between tolerance and empire.