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This study analyzes the development of criminal law during the first several generations of American life. Its comparison of the substantive and procedural law among the colonies reveals the similarities and differences between the New England and the Chesapeake colonies. Bradley Chapin addresses the often-debated question of the “reception” of English law and makes estimates of the relative weight of the sources and methods of early American law. A main theme of his book is that colonial legislators and judges achieved a significant reform of the English criminal law at a time when a parallel movement in England failed. The analysis is made specific and concrete by statistics that show patterns of prosecutions and crime rates. In addition to the exciting and convincing theme of a “lost period” of great creativity in American criminal law, Chapin gives a wealth of detail on statutory and common-law rulings, noteworthy criminal cases, and judicial views of how the law was to be administered. He provides social and economic explanations of shifts and peculiarities in the law, using carefully arranged evidence from the records. His treatment of the Quaker cases in Massachusetts and the witchcraft prosecutions in New England throws new light on those frequently misunderstood episodes. Chapin's book will be of interest not only to scholars working in the field but also to anyone curious about early American legal history.
The book includes six chapters that cover Virginia history from initial settlement through the 20th century plus one that deals with the important role of underwater archaeology. Written by prominent archaeologists with research experience in their respective topic areas, the chapters consider important issues of Virginia history and consider how the discipline of historic archaeology has addressed them and needs to address them . Changes in research strategy over time are discussed , and recommendations are made concerning the need to recognize the diverse and often differing roles and impacts that characterized the different regions of Virginia over the course of its historic past. Significant issues in Virginia history needing greater study are identified.
An exploration of how design might be led by marginalized communities, dismantle structural inequality, and advance collective liberation and ecological survival. What is the relationship between design, power, and social justice? “Design justice” is an approach to design that is led by marginalized communities and that aims expilcitly to challenge, rather than reproduce, structural inequalities. It has emerged from a growing community of designers in various fields who work closely with social movements and community-based organizations around the world. This book explores the theory and practice of design justice, demonstrates how universalist design principles and practices erase certain groups of people—specifically, those who are intersectionally disadvantaged or multiply burdened under the matrix of domination (white supremacist heteropatriarchy, ableism, capitalism, and settler colonialism)—and invites readers to “build a better world, a world where many worlds fit; linked worlds of collective liberation and ecological sustainability.” Along the way, the book documents a multitude of real-world community-led design practices, each grounded in a particular social movement. Design Justice goes beyond recent calls for design for good, user-centered design, and employment diversity in the technology and design professions; it connects design to larger struggles for collective liberation and ecological survival.
This book is a collection of key legal decisions affecting Indigenous Australians, which have been re-imagined so as to be inclusive of Indigenous people’s stories, historical experience, perspectives and worldviews. In this groundbreaking work, Indigenous and non-Indigenous scholars have collaborated to rewrite 16 key decisions. Spanning from 1889 to 2017, the judgments reflect the trajectory of Indigenous people’s engagements with Australian law. The collection includes decisions that laid the foundation for the wrongful application of terra nullius and the long disavowal of native title. Contributors have also challenged narrow judicial interpretations of native title, which have denied recognition to Indigenous people who suffered the prolonged impacts of dispossession. Exciting new voices have reclaimed Australian law to deliver justice to the Stolen Generations and to families who have experienced institutional and police racism. Contributors have shown how judicial officers can use their power to challenge systemic racism and tell the stories of Indigenous people who have been dehumanised by the criminal justice system. The new judgments are characterised by intersectional perspectives which draw on postcolonial, critical race and whiteness theories. Several scholars have chosen to operate within the parameters of legal doctrine. Some have imagined new truth-telling forums, highlighting the strength and creative resistance of Indigenous people to oppression and exclusion. Others have rejected the possibility that the legal system, which has been integral to settler-colonialism, can ever deliver meaningful justice to Indigenous people.
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They examine historic structures ranging from the Essex County courthouse (1729) and the King William County courthouse, built ca. 1725 and one of the oldest public buildings in continuous use in the nation, to the newer historic courthouses such as Richmond's massive Supreme Court/State Library Building, dedicated in 1941.
This new Liberty Fund edition of James McClellan's classic work on the quest for liberty, order, and justice in England and America includes the author's revisions to the original edition published in 1989 by the Center for Judicial Studies. Unlike most textbooks in American Government, Liberty, Order, and Justice seeks to familiarize the student with the basic principles of the Constitution, and to explain their origin, meaning, and purpose. Particular emphasis is placed on federalism and the separation of powers. These features of the book, together with its extensive and unique historical illustrations, make this new edition of Liberty, Order, and Justice especially suitable for introductory classes in American Government and for high school students in advanced placement courses.
Postcolonial Green brings together scholarship bridging ecocriticism and postcolonialism. Since its inception, ecocriticism has been accused of being inattentive to the complexities that colonialism poses for ideas of nature and environmentalism. Postcolonial discourse, on the other hand, has been so immersed in theoretical questions of nationalism and identity that it has been seen as ignoring environmental or ecological concerns. This collection demonstrates that ecocriticism and postcolonialism must be understood as parallel projects if not facets of the very same project--a struggle for global justice and sustainability. The essays in this collection span the globe, and cover such issues as international environmental policy, land and water rights, food production, poverty, women's rights, indigenous activism, and ecotourism. They consider all manner of texts, from oral tradition to literary fiction to web discourse. Contributors bring postcolonial theory to literary traditions, such as that of the United States, not typically seen in this light, and, conversely, bring ecocriticism to literary traditions, such as those of India and China, that have seen little ecological analysis. Postcolonial Green boasts a global geographical breadth, diversity of critical approach, and increasing relevance to the issues we face on a world stage. Contributors Neel Ahuja, University of North Carolina, Chapel Hill * Pavel Cenkl, Sterling College * Sharae Deckard, University College Dublin * Ursula K. Heise, Stanford University * Jonathan Highfield, Rhode Island School of Design * Alex Hunt, West Texas A&M University * Upamanyu Pablo Mukherjee, Warwick University * Patrick D. Murphy, University of Central Florida * Bonnie Roos, West Texas A&M University * Caskey Russell, University of Wyoming * Rachel Stein, Siena College * Sabine Wilke, University of Washington * Laura Wright, Western Carolina University * Sheng-yen Yu, National Taipei University of Technology * Gang Yue, University of North Carolina, Chapel Hill/Xiamen University
"John Marshall remains one of the towering figures in the landscape of American law. From the Revolution to the age of Jackson, he played a critical role in defining the "province of the judiciary" and the constitutional limits of legislative action. In this masterly study, Charles Hobson clarifies the coherence and thrust of Marshall's jurisprudence while keeping in sight the man as well as the jurist." "Hobson argues that contrary to his critics, Marshall was no ideologue intent upon appropriating the lawmaking powers of Congress. Rather, he was deeply committed to a principled jurisprudence that was based on a steadfast devotion to a "science of law" richly steeped in the common law tradition. As Hobson shows, such jurisprudence governed every aspect of Marshall's legal philosophy and court opinions, including his understanding of judicial review." "The chief justice, Hobson contends, did not invent judicial review (as many have claimed) but consolidated its practice by adapting common law methods to the needs of a new nation. In practice, his use of judicial review was restrained, employed almost exclusively against acts of the state legislatures. Ultimately, he wielded judicial review to prevent the states from undermining the power of a national government still struggling to establish sovereignty at home and respect abroad."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved