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Through his discussion of Thomas Jefferson, historian Matthew Crow offers a new perspective on constitutional transformation in early American history.
In this innovative book, historian Matthew Crow unpacks the legal and political thought of Thomas Jefferson as a tool for thinking about constitutional transformation, settler colonialism, and race and civic identity in the era of the American Revolution. Thomas Jefferson's practices of reading, writing, and collecting legal history grew out of broader histories of early modern empire and political thought. As a result of the peculiar ways in which he theorized and experienced the imperial crisis and revolutionary constitutionalism, Jefferson came to understand a republican constitution as requiring a textual, material culture of law shared by citizens with the cultivated capacity to participate in such a culture. At the center of the story in Thomas Jefferson, Legal History, and the Art of Recollection, Crow concludes, we find legal history as a mode of organizing and governing collective memory, and as a way of instituting a particular form of legal subjectivity.
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.
Painstaking Reconstruction of Jefferson's Library Catalogue Sold to the Library of Congress in 1815 to replace volumes burned by the British during their occupation of Washington, Jefferson's library, comprising 6,700, volumes was one of the finest in the United States. The taxonomically arranged catalogue that accompanied these books was a remarkable work, one that offered great insight into the broad and systematic nature of Jefferson's mind. Unfortunately, it was lost. Using Jefferson's notes and the first edition of the Library of Congress catalogue, Gilreath and Wilson recreated Jefferson's original compilation. It contains an extensive collection of legal books arranged under the general heading "Philosophy." Beginning with the broad designations of "Ethics," "Moral Philosophy," "Law of Nature and Nations" and "Religion" Jefferson proceeds to such topics as "Common Law," "Maritime Law and "Foreign Law." It is valuable both for its insights into Jefferson's legal mind and as a guide to the titles one would want to include in a first-class American law library of the period. James Gilreath was an American history specialist at the Library of Congress rare book and special collections division. Douglas L. Wilson is George A. Lawrence Distinguished Service Professor Emeritus; Co-director, Lincoln Studies Center, Knox College Galesburg, Illinois. CONTENTS Foreword Introduction Selected Reading List Editorial Note Catalogue I. Memory 1. Antient History 2. Modern History. Foreign 3. Modern History. British 4. Modern History. American 5. History-Ecclesiastical 6. Natural Philosophy 7. Agriculture 8. Chemistry 9. Surgery 10. Medicine 11. Animals. Anatomy 12. Animals. Zoology 13. Botany 14. Mineralogy 15. Occupations of Man. Technical Arts II. Philosophy 16. Ethics Moral Philosophy Law of Nature and Nations 17. Religion 18. Jurisprudence. Equity 19. Jurisprudence. Common Law 20. Jurisprudence. Law-Merchant 21. Jurisprudence. Law-Maritime 22. Jurisprudence. Law- Ecclesiastical 23. Jurisprudence. Foreign Law 24. Politics 25. Mathematics. Pure. Arithematic 26. Mathematics. Pure. Geometry 27. Physico-Mathematics. Mechanics, Statics, Dynamics, Pneumatics, Phonics, Optics 28. Astronomy 29. Geography III. Fine Arts 30. Architecture 31. Gardening, Painting, Sculpture 32. Music 33. Poetry. Epic 34. Romance, Tales-Fables 35. Pastorals, Odes, Elegies 36. Didactic 37. Tragedy 38. Comedy 39. Dialogue-Epistolary 40. Logic, Rhetoric, Orations 41. Criticism. Theory 42. Criticism. Bibliography 43. Criticism. Languages 44. Polygraphical Appendix Some pages from the printed catalogue of 1815
At twenty-three, Thomas Jefferson became the youngest practitioner before Virginia's highest court. This is the first book to explore in depth the eight years that Jefferson spent as a trial lawyer. Frank L. Dewey considers how Jefferson prepared for his career, how he acquired a clientele, what kind of cases he handled, how he fared financially, and why he retired from the law. The principal sources for this account are found in unpublished notes of Jefferson. As Dewey pieces together these notes, a larger picture emerges. The appeal of Jefferson is universal, and Thomas Jefferson, Lawyer fills an important gap in our knowledge about him.
"This is a biography of Thomas Jefferson's life and conflicted moral universe. Jefferson has received increasing historical attention since the late 1990s. Much of the focus on Jefferson has concerned topics including his relationship with his slave Sally Hemings, the "Jefferson Bible," and bitter political rivalries with Alexander Hamilton and many others. Until now, however, no biography has fully explored Jefferson's spiritual beliefs and ethical precepts, and how those ideas did (or did not) sync up with the way Jefferson actually lived. Encapsulated in Jefferson's privileged but fraught life are themes that suffuse American history itself: religious seeking, racial injustice, inspiring ideals, and squalid realities. Employing fresh research in Jefferson's vast papers, Thomas Jefferson: A Biography of Spirit and Flesh shows how deeply the Christian culture of Jefferson's upbringing influenced him. It also reveals how he struggled as an adult to find an adequate replacement for the conventional Christianity of his youth, even as he became more entangled in political feuds, personal debt, and the terrible consequences of slaveowning"--
This is the only modern comprehensive constitutional history of any state, and as a history of Virgina, it is one of the oldest and most complex. Virginia's state legislature is the Virginia General Assembly, which was established in July 1619, making it the oldest current lawmaking body in North America. Brent Tarter's Constitutional History of Virginia covers over three hundred years of Virginia's legislative policy, from colony to statehood, revealing its political and legal backstory. From the very beginning in 1606, when James I chartered the Virginia Company to establish a commercial outpost on the Atlantic coast of North America, through the first two decades of the twenty-first century, the fundamental constitutions of the colony and state of Virginia have evolved and changed as the demographic, economic, political, and cultural characteristics of Virginia changed. Elements of the colonial constitution influenced the character of the state's first constitution in 1776, and changing relationships between the people and their government, as well as relationships between the state and federal governments, have influenced how the state's constitution has evolved. Tarter explores that evolution and taps into its relevance to the people who have lived and still live in Virginia.
The Clamor of Lawyers explores a series of extended public pronouncements that British North American colonial lawyers crafted between 1761 and 1776. Most, though not all, were composed outside of the courtroom and detached from on-going litigation. While they have been studied as political theory, these writings and speeches are rarely viewed as the work of active lawyers, despite the fact that key protagonists in the story of American independence were members of the bar with extensive practices. The American Revolution was, in fact, a lawyers’ revolution. Peter Charles Hoffer and Williamjames Hull Hoffer broaden our understanding of the role that lawyers played in framing and resolving the British imperial crisis. The revolutionary lawyers, including John Adams’s idol James Otis, Jr., Pennsylvania’s John Dickinson, and Virginians Thomas Jefferson and Patrick Henry, along with Adams and others, deployed the skills of their profession to further the public welfare in challenging times. They were the framers of the American Revolution and the governments that followed. Loyalist lawyers and lawyers for the crown also participated in this public discourse, but because they lost out in the end, their arguments are often slighted or ignored in popular accounts. This division within the colonial legal profession is central to understanding the American Republic that resulted from the Revolution.
In Jefferson and the Virginians, renowned scholar Peter S. Onuf examines the ways in which Thomas Jefferson and his fellow Virginians—George Washington, James Madison, and Patrick Henry—both conceptualized their home state from a political and cultural perspective, and understood its position in the new American union. The conversations Onuf reconstructs offer glimpses into the struggle to define Virginia—and America—within the context of the upheaval of the Revolutionary War. Onuf also demonstrates why Jefferson’s identity as a Virginian obscures more than it illuminates about his ideology and career. Onuf contends that Jefferson and his interlocutors sought to define Virginia’s character as a self-constituted commonwealth and to determine the state’s place in the American union during an era of constitutional change and political polarization. Thus, the outcome of the American Revolution led to ongoing controversies over the identity of Virginians and Americans as a “people” or “peoples”; over Virginia’s boundaries and jurisdiction within the union; and over the system of government in Virginia and for the states collectively. Each debate required a balanced consideration of corporate identity and collective interests, which inevitably raised broader questions about the character of the Articles of Confederation and the newly formed federal union. Onuf’s well-researched study reveals how this indeterminacy demanded definition and, likewise, how the need for definition prompted further controversy.
The vital influence of Black American intellectuals on the legacy of Thomas Jefferson’s ideas The lofty Enlightenment principles articulated by Thomas Jefferson in the Declaration of Independence, so central to conceptions of the American founding, did not emerge fully formed as a coherent set of ideas in the eighteenth century. As Hannah Spahn argues in this important book, no group had a more profound influence on their development and reception than Black intellectuals. The rationalism and universalism most associated with Jefferson today, she shows, actually sprang from critical engagements with his thought by writers such as David Walker, Lemuel Haynes, Frederick Douglass, and W. E. B. Du Bois. Black Reason, White Feeling illuminates the philosophical innovations that these and other Black intellectuals made to build on Jefferson’s thought, shaping both Jefferson’s historical image and the exalted legacy of his ideas in American culture. It is not just the first book-length history of Jefferson’s philosophy in Black thought; it is also the first history of the American Enlightenment that centers the originality and decisive impact of the Black tradition.