Law in American History: Volume 1: From the Colonial Years Through the Civil War
In the first of the three volumes of his projected comprehensive narrative history of the role of law in America from the colonial years through the twentieth century, G. Edward White takes up the central themes of American legal history from the earliest European settlements through the Civil War.Included in the coverage of this volume are the interactions between European and Amerindian legal systems in the years of colonial settlement; the crucial role of Anglo-American theories of sovereignty and imperial governance in facilitating the separation of the American colonies from the British Empire in the late eighteenth century; the American "experiment" with federated republican constitutionalism in the founding period; the major importance of agricultural householding, in the form of slave plantations as well as farms featuring wage labor, in helping to shape the development of American law in the eighteenth and nineteenth centuries; the emergence of the Supreme Court of the United States as an authoritative force in American law and politics in the early nineteenth century; the interactions between law, westward expansion, and transformative developments in transportation and communiciation in the antebellum years; the contributions of American legal institutions to the dissolution of the Union of American states in the three decades after 1830; and the often-overlooked legal history of the Confederacy and Union governments during the Civil War.White incorporates recent scholarship in anthropology, ethnography, and economic, political, intellectual and legal history to produce a narrative that is both revisionist and accessible, taking up the familiar topics of race, gender, slavery, and the treatment of native Americans from fresh perspectives. Along the way he provides a compelling case for why law can be seen as the key to understanding the development of American life as we know it. Law in American History, Volume 1 will be an essential text for both students of law and general readers.
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1 The Colonial Years
2 Law and the Conditions of Agricultural Household Life 17501800
Toward Independence and Republican Government
From the Articles of Confederation to the Constitution
5 The Supreme Court Emerges
6 Law and Entrepreneurship 18001850
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African-American agricultural households amendments Amerindian tribes antislavery areas arguments army Article Articles of Confederation authority became Britain chapter circuit court citizens Clause colonial America colonial British America colonists commerce Confederacy Confederate Congress Confederate constitution Continental Congress created culture decisions declared delegates detail district Douglass draft Dred Scott early economic effort eighteenth century emerged England English established European eventually federal courts federal government franchises fugitive slaves habeas corpus indentured indentured servants independence issues judges judicial Judiciary jurisdiction justices Kentucky labor legislation legislatures liberty Lincoln Marshall Court Marshall’s Massachusetts ment military Missouri nation nineteenth century North America Northwest Ordinance ofthe opinion Parliament Pennsylvania persons political population regions Republicans residents role Section settlement settlers slavery social South South Carolina southern status Supreme Court suspension Suspension Clause Taney Court Taney Period Taney’s territory tion treaty troops U.S. Constitution Union Union army United Virginia Whigs writ York