American Legal History: A Very Short IntroductionLaw has played a central role in American history. From colonial times to the present, law has not just reflected the changing society in which legal decisions have been made-it has played a powerful role in shaping that society, though not always in positive ways. In this Very Short Introduction, eminent legal scholar G. Edward White-author of the ongoing, multi-volume Law in American History-offers a compact overview that sheds light on the impact of law on a number of key social issues. Rather than offer a straight chronological history, the book instead traces important threads woven throughout our nation's past, looking at how law shaped Native American affairs, slavery, business, and home life, as well as how it has dealt with criminal and civil offenses. White shows that law has not always been used to exemplary ends. For instance, a series of decisions by the Marshall court essentially marginalized Amerindians, indigenous people of the Americas, reducing tribes to wards of the government. Likewise, law initially legitimated slavery in the United States, and legal institutions, including the Supreme Court, failed to resolve the tensions stirred up by the westward expansion of slavery, eventually sparking the Civil War. White also looks at the expansion of laws regarding property rights, which were vitally important to the colonists, many of whom left Europe hoping to become land owners; the evolution of criminal punishment from a public display (the stocks, the gallows) to a private prison system; the rise of tort law after the Civil War; and the progress in legal education, moving from informal apprenticeships and lax standards to modern law schools and rigorous bar exams. In this illuminating look at the pivotal role of law in American life, White offers us an excellent first step to a better appreciation of the function of law in our society. About the Series: Oxford's Very Short Introductions series offers concise and original introductions to a wide range of subjects—from Islam to Sociology, Politics to Classics, Literary Theory to History, and Archaeology to the Bible. Not simply a textbook of definitions, each volume in this series provides trenchant and provocative—yet always balanced and complete—discussions of the central issues in a given discipline or field. Every Very Short Introduction gives a readable evolution of the subject in question, demonstrating how the subject has developed and how it has influenced society. Eventually, the series will encompass every major academic discipline, offering all students an accessible and abundant reference library. Whatever the area of study that one deems important or appealing, whatever the topic that fascinates the general reader, the Very Short Introductions series has a handy and affordable guide that will likely prove indispensable. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable. |
Contents
Introduction | 1 |
1 The legal history of Indian tribes | 3 |
2 Law and African American slavery | 17 |
3 Rights of property and their regulation | 32 |
4 Law and entrepreneurship | 45 |
5 Criminal law | 68 |
6 Law and domestic relations | 82 |
Other editions - View all
Common terms and phrases
acquired activity African agricultural alternative American areas associated became become began British broadcasting cable changes Chapter civil claims colonies common law companies compensation Congress Constitution continued Court created crime criminal criminal law decades decisions designed domestic early economic effect eighteenth emerged entered established European eventually expanded families federal government forces households included increased independence Indian individuals industry initially injuries institutions involved issues John labor land late law schools lawyers legal profession legislation liability limited major marriage negligence nineteenth century North officials persons police population practice principal prison profession programming protection punishment railroad regulation relations relationship remained responses resulted rules secure settlement settlers slave slavery social standard status Supreme Court television territory took tort transportation treated tribal tribes twentieth century Union United University York