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Celebrated accounts of lawless towns that relied on the extra-legal justice of armed citizens and hired gunmen are part of the enduring cultural legacy of the American West. This work presents a case study of law and legal culture in Lincoln County, Nebraska, during the nineteenth century. It also examines legal institutions on the Great Plains.
2021 Nebraska Book Award Never Caught Twice presents the untold history of horse raiding and stealing on the Great Plains of western Nebraska. By investigating horse stealing by and from four Plains groups—American Indians, the U.S. Army, ranchers and cowboys, and farmers—Matthew S. Luckett clarifies a widely misunderstood crime in Western mythology and shows that horse stealing transformed plains culture and settlement in fundamental and surprising ways. From Lakota and Cheyenne horse raids to rustling gangs in the Sandhills, horse theft was widespread and devastating across the region. The horse’s critical importance in both Native and white societies meant that horse stealing destabilized communities and jeopardized the peace throughout the plains, instigating massacres and murders and causing people to act furiously in defense of their most expensive, most important, and most beloved property. But as it became increasingly clear that no one legal or military institution could fully control it, would-be victims desperately sought a solution that would spare their farms and families from the calamitous loss of a horse. For some, that solution was violence. Never Caught Twice shows how the story of horse stealing across western Nebraska and the Great Plains was in many ways the story of the old West itself.
"Brent M. Rogers interconnects the histories of William F. "Buffalo Bill" Cody and the Mormons from the 1870s through the early 1900s"--
Addressing everything from the details of everyday life to recreation and warfare, this two-volume work examines the social, political, intellectual, and material culture of the American "Old West," from the California Gold Rush of 1849 to the end of the 19th century. What was life really like for ordinary people in the Old West? What did they eat, wear, and think? How did they raise their children? How did they interact with government? What did they do for fun? This encyclopedia provides readers with an engaging and detailed portrayal of the Old West through the examination of social, cultural, and material history. Supported by the most current research, the multivolume set explores various aspects of social history—family, politics, religion, economics, and recreation—to illuminate aspects of a society's emotional life, interactions, opinions, views, beliefs, intimate relationships, and connections between the individual and the greater world. Readers will be exposed to both objective reality and subjective views of a particular culture; as a result, they can create a cohesive, accurate impression of life in the Old West during the second half of the 1800s.
American democratic ideals, civic republicanism, public morality, and Christianity were the dominant forces at work during South Dakota’s formative decade. What? In our cynical age, such a claim seems either remarkably naïve or hopelessly outdated. Territorial politics in the late-nineteenth-century West is typically viewed as a closed-door game of unprincipled opportunism or is caricatured, as in the classic film The Man Who Shot Liberty Valance, as a drunken exercise in bombast and rascality. Now Jon K. Lauck examines anew the values we like to think were at work during the founding of our western states. Taking Dakota Territory as a laboratory for examining a formative stage of western politics, Lauck finds that settlers from New England and the Midwest brought democratic practices and republican values to the northern plains and invoked them as guiding principles in the drive for South Dakota statehood. Prairie Republic corrects an overemphasis on class conflict and economic determinism, factors posited decades ago by such historians as Howard R. Lamar. Instead, Lauck finds South Dakota’s political founders to be agents of Protestant Christianity and of civic republicanism—an age-old ideology that entrusted the polity to independent, landowning citizens who placed the common interest above private interest. Focusing on the political culture widely shared among settlers attracted to the Great Dakota Boom of the 1880s, Lauck shows how they embraced civic virtue, broad political participation, and agrarian ideals. Family was central in their lives, as were common-school education, work, and Christian community. In rescuing the story of Dakota’s settlers from historical obscurity, Prairie Republic dissents from the recent darker portrayal of western history and expands our view and understanding of the American democratic tradition.
Taking the form of two companion volumes, Police Courts in Nineteenth-Century Scotland represents the first major investigation into the administration, experience, impact and representation of summary justice in Scottish towns, c.1800 to 1892. Each volume explores diverse, but complementary, themes relating to judicial practices, relationships, experiences and discourses through the lens of the same subject matter: the police court. Volume 1, with the subtitle Magistrates, Media and the Masses, provides an institutional, social and cultural history of the establishment, development and practice of police courts. It explores their rise, purpose and internal workings, and how justice was administered and experienced by those who attended them in a variety of roles. Special attention is given to examining how courtroom discourse was represented in print culture, the role of the media in providing a discursive commentary on summary justice, and the ways in which magistrates and the police engaged in a law and order dialogue with the press. Throughout, consideration is given to uncovering the relationship between magistrates, the courts, the police and the wider community, and to charting the implications of the rise of summary justice and the ’police-man’ state for the urban masses (as evidenced through prosecution, conviction and punishment patterns). Volume 2, with the subtitle Boundaries, Behaviours and Bodies, explores, through themed case studies, how police courts shaped conceptual, spatial, temporal and commercial boundaries by regulating every-day activities, pastimes and cultures.
Taking the form of two companion volumes, Police Courts in Nineteenth-Century Scotland represents the first major investigation into the administration, experience, impact and representation of summary justice in Scottish towns, c.1800 to 1892. Each volume explores diverse, but complementary, themes relating to judicial practices, relationships, experiences and discourses through the lens of the same subject matter: the police court. Volume 1, subtitled Magistrates, Media and the Masses, provides an institutional, social and cultural history of the establishment, development and practice of police courts. It explores their rise, purpose and internal workings, and how justice was administered and experienced by those who attended them in a variety of roles. Special attention is given to examining how courtroom discourse was represented in print culture, the role of the media in providing a discursive commentary on summary justice, and the ways in which magistrates and the police engaged in a law and order dialogue with the press. Throughout, consideration is given to uncovering the relationship between magistrates, the courts, the police and the wider community, and to charting the implications of the rise of summary justice and the ’police-man’ state for the urban masses (as evidenced through prosecution, conviction and punishment patterns). Volume 2, subtitled Boundaries, Behaviours and Bodies, examines, through themed case studies, how these civic and judicial institutions shaped conceptual, spatial, temporal and commercial boundaries by regulating every-day activities, pastimes and cultures. As with Volume 1, Boundaries, Behaviours and Bodies is attentive to the relationship between magistrates, the police, the media and the wider community, but here the main focus of analysis is on the role and impact of the police courts, through their practice, on cultural ideas, social behaviours and environments in the nineteenth-century city.
Renowned legal historian Lawrence Friedman presents an accessible and authoritative history of American law from the colonial era to the present day. This fully revised fourth edition incorporates the latest research to bring this classic work into the twenty-first century. In addition to looking closely at timely issues like race relations, the book covers the changing configurations of commercial law, criminal law, family law, and the law of property. Friedman furthermore interrogates the vicissitudes of the legal profession and legal education. The underlying theory of this eminently readable book is that the law is the product of society. In this way, we can view the history of the legal system through a sociological prism as it has evolved over the years.
Raised on Gunsmoke, Bat Masterson, and The Life and Legend of Wyatt Earp, we know what it means to “get outta Dodge”—to make a hasty escape from a dangerous place, like the Dodge City of Wild West lore. But why, of all the notorious, violent cities of old, did Dodge win this distinction? And what does this tenacious cultural metaphor have to do with the real Dodge City? In a book as much about the making of cultural myths as it is about Dodge City itself, authors Robert Dykstra and Jo Ann Manfra take us back into the history of Dodge to trace the growth of the city and its legend side-by-side. An exploration of murder statistics, court cases, and contemporary accounts reveals the historical Dodge to be neither as violent nor as lawless as legend has it—but every bit as intriguing. In a style that captures the charm and chicanery of storytelling in the Old West, Dodge City and the Birth of the Wild West finds a culprit in a local attorney, Harry Gryden, who fed sensational accounts to the national media during the so-called "Dodge City War" of 1883. Once launched, the legend leads the authors through the cultural landscape of twentieth-century America, as Dodge City became a useful metaphor in more and more television series and movies. Meanwhile, back in the actual Dodge, struggling on a lost frontier, a mirror image of the mythical city began to emerge, as residents increasingly embraced tourism as an economic necessity. Dodge City and the Birth of the Wild West maps a metaphor for belligerent individualism and social freedom through the cultural imagination, from a historical starting point to its mythical reflection. In this, the book restores both the reality of Dodge and its legend to their rightful place in the continuum of American culture.
Throughout its existence the Federal District Court of Nebraska has echoed the dynamics of its time, reflecting the concerns, interests, and passions of the people who have made this state their home. Echo of Its Time explores the court’s development, from its inception in 1867 through 1933, tracing the careers of its first four judges: Elmer Dundy, William Munger, Thomas Munger (no relation), and Joseph Woodrough, whose rulings addressed an array of issues and controversies echoing macro-level developments within the state, nation, and world. Echo of Its Time both informs and entertains while using the court’s operations as a unique and accessible prism through which to explore broader themes in the history of the state and the nation. The book explores the inner workings of the court through Thomas Munger’s personal correspondence, as well as the court’s origins and growing influence under the direction of its legendary first judge, Elmer Dundy. Dundy handled many notable and controversial matters and made significant decisions in the field of Native American law, including Standing Bear v. Crook and Elk v. Wilkins. From the turn of the century through 1933 the court’s docket reflected the dramatic and rapid changes in state, regional, and national dynamics, including labor disputes and violence, political corruption and Progressive Era reform efforts, conflicts between cattle ranchers and homesteaders, wartime sedition and “slacker” prosecutions, criminal enterprises, and the endless battles between government agents and bootleggers during Prohibition.