xx, 424 pages ; 25 cm
Law Library (Crown)
155 pages ; 23 cm.
  • Prologue
  • Governing a Republic
  • Extreme revolution, vexing immigration
  • Partisan solutions
  • Self-inflicted wounds
  • Equal and opposite reaction
  • Epilogue.
In May 1798, after Congress released the XYZ Affair dispatches to the public, a raucous crowd took to the streets of Philadelphia. Some gathered to pledge their support for the government of President John Adams, others to express their disdain for his policies. Violence, both physical and political, threatened the safety of the city and the Union itself. To combat the chaos and protect the nation from both external and internal threats, the Federalists swiftly enacted the Alien and Sedition Acts. Oppressive pieces of legislation aimed at separating so-called genuine patriots from objects of suspicion, these acts sought to restrict political speech, whether spoken or written, soberly planned or drunkenly off-the-cuff. Little more than twenty years after Americans declared independence and less than ten since they ratified both a new constitution and a bill of rights, the acts gravely limited some of the very rights those bold documents had promised to protect. In The Alien and Sedition Acts of 1798, Terri Diane Halperin discusses the passage of these laws and the furor over them, as well as the difficulties of enforcement. She describes in vivid detail the heated debates and tempestuous altercations that erupted between partisan opponents: one man pulled a gun on a supporter of the act in a churchyard; congressmen were threatened with arrest for expressing their opinions; and printers were viciously beaten for distributing suspect material. She also introduces readers to the fraught political divisions of the late 1790s, explores the effect of immigration on the new republic, and reveals the dangers of partisan excess throughout history. Touching on the major sedition trials while expanding the discussion beyond the usual focus on freedom of speech and the press to include the treatment of immigrants, Halperin's book provides a window through which readers can explore the meaning of freedom of speech, immigration, citizenship, the public sphere, the Constitution, and the Union.
(source: Nielsen Book Data)9781421419695 20160919
Law Library (Crown)
xi, 259 pages ; 24 cm
  • Introduction
  • King-in-colonial assembly : the background to state sovereignty
  • Establishing and debating the nature of state sovereignty : Articles of Confederation and the politics of early 1780s
  • Trying to altering the settlement : the critical period and the Constitutional Convention
  • Ratification the constitution and continuation of the settlement
  • Preserving state sovereignty : the Judiciary Act and the Tenth Amendment
  • Breaking the promise : Hamiltonianism
  • The settlement defended : Republican counter-attack and the Eleventh Amendment
  • The settlement secured : Kentucky and Virginia resolutions and the defeat of the federal common law
  • Conclusion.
This book examines the ideological, political, and constitutional contexts of the Founding era from the drafting of the Articles of Confederation to the ratification of the Constitution and the Federalist-Jeffersonian political conflict. The author highlights the constitutional and theoretical importance of state sovereignty during the Revolutionary period.
(source: Nielsen Book Data)9781498500623 20160808
Law Library (Crown)
xii, 403 pages : illustrations, maps ; 25 cm
  • Introduction: The prehistory of "separate but equal"
  • Becoming good citizens
  • A few bad men
  • Correcting ill habits
  • One nation only
  • We shall all be Americans
  • The practical amalgamator
  • The choice
  • Opening the road
  • In these deserts
  • Epilogue: An enterprise for the young.
Why did the Founding Fathers fail to include blacks and Indians in their cherished proposition that "all men are created equal"? The usual answer is racism, but the reality is more complex and unsettling. In Bind Us Apart, historian Nicholas Guyatt argues that, from the Revolution through the Civil War, most white liberals believed in the unity of all human beings. But their philosophy faltered when it came to the practical work of forging a color-blind society. Unable to convince others--and themselves--that racial mixing was viable, white reformers began instead to claim that people of color could only thrive in separate republics: in Native states in the American West or in the West African colony of Liberia. Herein lie the origins of "separate but equal." Decades before Reconstruction, America's liberal elite was unable to imagine how people of color could become citizens of the United States. Throughout the nineteenth century, Native Americans were pushed farther and farther westward, while four million slaves freed after the Civil War found themselves among a white population that had spent decades imagining that they would live somewhere else. Essential reading for anyone disturbed by America's ongoing failure to achieve true racial integration, Bind Us Apart shows conclusively that "separate but equal" represented far more than a southern backlash against emancipation--it was a founding principle of our nation.
(source: Nielsen Book Data)9780465018413 20170123
Law Library (Crown)
viii, 255 pages ; 25 cm.
  • Introduction: Scottish lawyers in the Scottish enlightenment
  • An enlightened advocate's library
  • Two scholars : Areskine, Aikenhead, and their books
  • Scottish legal scholars abroad
  • A flourishing market for books
  • Advocates' books in early eighteenth-century Scotland
  • "Miscellaneous books" : Charles Areskine's polite learning
  • The Scottish gentleman's library
  • The fates of books : the Alva collections
  • Conclusion.
In Charles Areskine's Library, Karen Baston uses a detailed study of an eighteenth-century Scottish advocate's private book collection to explore key themes in the Scottish Enlightenment including secularisation, modernisation, internationalisation, and the development of legal literature in Scotland. By exploring a surviving manuscript dated 1731that lists a Scottish lawyer's library, Karen Baston demonstrates that the books Charles Areskine owned, used in practice, and read for pleasure embedded him in the intellectual culture that expanded in early eighteenth-century Scotland. Areskine and his fellow advocates emerged as scholarly and sociable gentlemen who led their nation. Lawyers were integral to and integrated with the Scottish society that allowed the Scottish Enlightenment to take root and flourish within Areskine's lifetime.
(source: Nielsen Book Data)9789004315372 20170117
Law Library (Crown)

6. An essay on man [2016]

cxviii, 130 pages ; 23 cm
  • Acknowledgments vii Abbreviations and Frequently Cited Works ix Introduction xv Note on the Text cxvii An Essay on Man 1 Pope's Knowledge of Authors Cited 99 Bibliography 107 Index 123.
  • (source: Nielsen Book Data)9780691159812 20160718
Voltaire called it "the most sublime didactic poem ever written in any language." Rousseau rhapsodized about its intellectual consolations. Kant recited long passages of it from memory during his lectures. And Adam Smith and David Hume drew inspiration from it in their writings. This was Alexander Pope's Essay on Man (1733-34), a masterpiece of philosophical poetry, one of the most important and controversial works of the Enlightenment, and one of the most widely read, imitated, and discussed poems of eighteenth-century Europe and America. This volume, which presents the first major new edition of the poem in more than fifty years, introduces this essential work to a new generation of readers, recapturing the excitement and illuminating the debates it provoked from the moment of its publication. Echoing Milton's purpose in Paradise Lost, Pope says his aim in An Essay on Man is to "vindicate the ways of God to man"--to explain the existence of evil and explore man's place in the universe. In a comprehensive introduction, Tom Jones describes the poem as an investigation of the fundamental question of how people should behave in a world they experience as chaotic, but which they suspect to be orderly from some higher point of view. The introduction provides a thorough discussion of the poem's attitudes, themes, composition, context, and reception, and reassesses the work's place in history. Extensive annotations to the text explain references and allusions. The result is the most accessible, informative, and reader-friendly edition of the poem in decades and an invaluable book for students and scholars of eighteenth-century literature and thought.
(source: Nielsen Book Data)9780691159812 20160718
Law Library (Crown)
x, 385 pages ; 24 cm
  • A people of the book
  • A lifelong passion
  • Heroes and villains
  • Divine intervention
  • The new Israel
  • Religion, morality, and republicanism
  • Other shared beliefs
  • Differences
  • Human nature and balanced government
  • Church and state.
In The Founders and the Bible, historian Carl J. Richard carefully examines the framers' relationship with the Bible to assess the conflicting claims of those who argue that they were Christians founding a Christian nation against those who see them as Deists or modern secularists. Richard argues that it is impossible to understand the Founders without understanding the Biblically infused society that produced them.
(source: Nielsen Book Data)9781442254640 20170327
Law Library (Crown)
xiii, 230 pages : 1 map ; 23 cm.
  • Georgia sells Its Western lands
  • Georgia rescinds the Yazoo sale
  • New England purchasers become Yazoo claimants
  • Fletcher sues Peck; congress debates Yazoo
  • The contract clause, vested rights, and first argument, 1809
  • The Supreme Court decides Fletcher; congress indemnifies claimants
  • The Marshall court and the contract clause after Fletcher.
In 1795, the Georgia legislature sold the state's western lands (present-day Alabama and Mississippi) to four private land companies. A year later, amid revelations of bribery, a newly elected legislature revoked the sale. This book tells the story of how the great Yazoo lands sale gave rise to the 1810 case in which the Supreme Court, under Chief Justice John Marshall, for the first time ruled the action of a state to be in violation of the Constitution, specifically the contract clause. Truly a landmark case, Fletcher v. Peck established judicial review of state legislative proceedings, provided a gloss on the contract clause, and established the preeminent role of the Supreme Court in private law matters. Beneath the case's dry legal proceedings lay a tangle of speculating mania, corruption, and political rivalry, which Charles Hobson unravels with narrative aplomb. As the scene shifts from the frontier to the courtroom, and from Georgia to New England, the cast of characters includes sharp dealers like Robert Morris, hot-headed politicians like James Jackson, and able counsel like John Quincy Adams, along with, of course, John Marshall himself. The improbably dramatic tale opens a window on land transactions, Indian relations, and the politics of the early nation, thereby revealing how the controversy over the Yazoo lands sale reflected a deeper crisis over the meaning of republicanism. Hobson, a leading scholar of the Marshall Court, lays out the details of the litigation with great clarity even as he presents a longer view of the implications and consequences of Fletcher v. Peck.
(source: Nielsen Book Data)9780700623310 20170123
Law Library (Crown)
xxi, 346 pages, 8 unnumbered pages of plates : illustrations ; 25 cm
  • A perilous trade
  • Stormy Petrel
  • Power plays
  • Bending the rule of law
  • Battle lines
  • A superlative monster arises
  • An end to generous pity
  • Whiffs of Torquemada
  • Philadelphia lawyer
  • Indelible ink
  • Epilogue: From Zenger to Snowden.
In 1733, John Peter Zenger scandalised New York by launching a newspaper, The New-York Weekly Journal, which assailed the new British governor as corrupt and arrogant-a direct challenge to the prevailing law against "seditious libel" that criminalised any criticism of the government. Fronting for a group of anti-royalist politicians, Zenger was thrown in jail before his landmark one-day trial on 4 August 1735 where he was brilliantly defended by lawyer Andrew Hamilton. In Indelible Ink, Richard Kluger re-creates the dramatic clash of powerful antagonists that marked the beginning of press freedom in America and its role in vanquishing colonial tyranny. Here is an enduring lesson on the importance of free public expression as the underpinning of democracy.
(source: Nielsen Book Data)9780393245462 20161018
Law Library (Crown)
xiv, 283 pages : illustrations ; 24 cm
  • Prologue
  • What is persuasive writing?
  • The practice of law
  • Political persuasions
  • Jefferson the President
  • Skill, passion, and vision
  • Learning from the darker side of Thomas Jefferson
  • Jefferson's opening statement to America
  • Other masterpieces
  • Conclusion.
Law Library (Crown)
479 pages : illustrations (some color) ; 25 cm.
Law Library (Crown)
x, 208 pages : illustrations ; 25 cm
  • A very melancholy situation
  • Beggarly bankers
  • Procuring an act
  • Prodigals and projectors
  • Upon Daedalian wings.
From 1716 to 1845 Scotland's banks were among the most dynamic and resilient in Europe, effectively absorbing a series of economic shocks that rocked financial markets in London and on the continent. Legislating Instability explains the seeming paradox that the Scottish banking system achieved this success without the government controls usually considered necessary for economic stability. Scottish banks operated in a regulatory vacuum: no lender of last resort, no monopoly on currency, no capital reserve requirements, and no limits on bank size. These conditions produced a robust, competitive banking system. Despite large speculative capital flows, a fixed exchange rate, and substantial external debt, Scotland navigated two financial crises during the Seven Years' War. The exception was a severe crisis in 1772, seven years after the imposition of the first regulations on banking-the result of lobbying by large banks to weed out competition. While these restrictions did not cause the crisis, Tyler Beck Goodspeed argues, they undermined the flexibility and resilience of Scottish finance, thereby elevating the risk that another economic shock might threaten financial stability more broadly. The crisis of 1772, far from revealing the shortcomings of unregulated banking, as Adam Smith claimed, exposed the risks of ill-conceived regulation.
(source: Nielsen Book Data)9780674088887 20160619
Law Library (Crown)
xli, 522 pages : illustrations, portraits ; 24 cm
  • The right to dissent, and the growth of freedoms of press and speech in the eighteenth century
  • The crime of seditious libel, and England's evisceration of freedoms of press and speech
  • The collision of seditious libel and freedoms of press and speech in America's constitutional period
  • The initial Supreme Court justices and their views on freedoms of press and speech
  • The successor Supreme Court justices and their views on freedoms of press and speech
  • The Sedition Act and the assault on freedoms of press and speech : the sitting Supreme Court justices and the trials
  • The Sedition Act and the assault on freedoms of press and speech : the missing half of the Sedition Act cases
  • The Sedition Act and the assault on freedoms of press and speech : the remaining Supreme Court justices on the Sedition Act
  • The Federalist justices and the Republican critics : historical misconceptions about freedom.
The early Supreme Court justices wrestled with how much press and speech is protected by freedoms of press and speech, before and under the First Amendment, and with whether the Sedition Act of 1798 violated those freedoms. This book discusses the twelve Supreme Court justices before John Marshall, their views of liberties of press and speech, and the Sedition Act prosecutions over which some of them presided. The book begins with the views of the pre-Marshall justices about freedoms of press and speech, before the struggle over the Sedition Act. It finds that their understanding was strikingly more expansive than the narrow definition of Sir William Blackstone, which is usually assumed to have dominated the period. Not one justice of the Supreme Court adopted that narrow definition before 1798, and all expressed strong commitments to those freedoms. The book then discusses the views of the early Supreme Court justices about freedoms of press and speech during the national controversy over the Sedition Act of 1798 and its constitutionality. It finds that, though several of the justices presided over Sedition Act trials, the early justices divided almost evenly over that issue with an unrecognized half opposing its constitutionality, rather than unanimously supporting the Act as is generally assumed. The book similarly reassesses the Federalist party itself, and finds that an unrecognized minority also challenged the constitutionality of the Sedition Act and the narrow Blackstone approach during 1798-1801, and that an unrecognized minority of the other states did as well in considering the Virginia and Kentucky Resolutions. The book summarizes the recognized fourteen prosecutions of newspaper editors and other opposition members under the Sedition Act of 1798. It sheds new light on the recognized cases by identifying and confirming twenty-two additional Sedition Act prosecutions. At each of these steps, this book challenges conventional views in existing histories of the early republic and of the early Supreme Court justices.
(source: Nielsen Book Data)9780190461621 20160619
Law Library (Crown)
xiii, 284 pages ; 25 cm.
  • Juridification by constitution : national sovereignty in eighteenth and nineteenth century Europe / Ulrike Müßig
  • National sovereignty in the Belgian constitution of 1831 : on the meaning(s) of article 25 / Brecht Deseure
  • The omnipotence of Parliament in the legitimisation process of 'representative goverment' under the Albertine Statute (1848-1861) / Giuseppe Mecca
  • The sovereignty issue in the public discussion in the era of the Polish 3rd May constitution (1788-1792) / Anna Tarnowska.
This open access book can be downloaded from Legal studies and consequently legal history focus on constitutional documents, believing in a nominalist autonomy of constitutional semantics. Reconsidering Constitutional Formation in the late 18th and 19th century, kept historic constitutions from being simply log-books for political experts through a functional approach to the interdependencies between constitution and public discourse. Sovereignty had to be 'believed' by the subjects and the political elites. Such a communicative orientation of constitutional processes became palpable in the 'religious' affinities of the constitutional preambles. They were held as 'creeds' of a new order, not only due to their occasional recourse to divine authority, but rather due to the claim for eternal validity contexts of constitutional guarantees. The communication dependency of constitutions was of less concern in terms of the preamble than the constituents' big worries about government organisation. Their indecisiveness between monarchical and popular sovereignty was established through the discrediting of the Republic in the Jacobean reign of terror and the 'renaissance' of the monarchy in the military resistance against the French revolutionary and later Napoleonic campaigns. The constitutional formation as a legal act of constituting could therefore defend the monarchy from the threat of the people (Albertine Statute 1848), could be a legal decision of a national constituent assembly (Belgian Constitution 1831), could borrow from the old liberties (Polish May Constitution 1791) or try to remain in between by referring to the Nation as sovereign (French September Constitution 1791, Cadiz Constitution 1812). Common to all contexts is the use of national sovereignty as a legal starting point. The consequent differentiation between constituent and constituted power manages to justify the self-commitment of political power in legal terms. National sovereignty is the synonym for the juridification of sovereignty by means of the constitution. The novelty of the constitutions of the late 18th and 19th century is the normativity, the positivity of the constitutional law as one unified law, to be the measure for the legality of all other law. Therefore ReConFort will continue with the precedence of constitution. (
(source: Nielsen Book Data)9783319424040 20170306
Law Library (Crown)
xi, 345 pages : illustrations ; 25 cm
  • Prologue: The Chief Justice
  • The minister
  • The advocate
  • The editors
  • The shoemaker
  • The merchant
  • The silversmith
  • The farmer
  • The planter
  • The framer.
When the Framers of the Constitution developed what we call today the Freedom of Speech, they didn't realize they would be setting a foundation for the American political character we know today - raucous, intemperate, and often mean-spirited. This character is not limited to contemporary political discourse, as we so often assume. Revolutionary Dissent brings alive a world far more complicated than the history we're all familiar with suggests, giving a clear picture of just how imprecise the Framers were about what such freedoms actually meant. Solomon explores through a series of chronological, advancing narratives how Americans employed robust and colourful expression as they debated separation from England and creation of a new system of government. Uninhibited protest provided vital meaning to the First Amendment's guarantees of freedom of speech and presses at a time when legal doctrine offered little protection from government prosecution. Revolutionary Dissent shows that the roots of the careers of satirists like Jon Stewart and Stephen Colbert and pundits like Rush Limbaugh and Keith Olbermann, and the acts of flag burning, draft card destruction, and sit-ins like Occupy Wall Street, lie in the Revolutionary period's inflammatory engravings of Paul Revere, the polemics of Thomas Paine, and the symbol-laden protests again the Stamp Act. This is truly a revelatory work on the history of free expression in America.
(source: Nielsen Book Data)9780230342064 20160830
Law Library (Crown)
xii, 152 pages ; 22 cm.
  • Preface
  • Introduction : of Hamilton and a brewhouse
  • The first American civil war
  • Laws and lawyers for a revolutionary republic
  • Rutgers v. Waddington in the mayor's court
  • "A cause of national significance"
  • The many legacies of Rutgers
  • Epilogue: Rutgers v. Waddington and the second civil war
  • Chronology
  • Bibliographical essay.
Once the dust of the Revolution settled, the problem of reconciling the erstwhile warring factions arose, and as is often the case in the aftermath of violent revolutions, the matter made its way intothe legal arena. Rutgers v. Waddington was such a case. Through this little-known but remarkable dispute over back rent for aburned-down brewery, Peter Charles Hoffer recounts a tale of political and constitutional intrigue involving some of the most important actors in America's transition from a confederation of states under the Articles of Confederation to a national republic under the US Constitution. At the end of the Revolution, the widow Rutgers and her sons returned to the brewery they'd abandoned when the British had occupied New York. They demanded rent from Waddington, the loyalist who hadrented the facility under the British occupation.Under a punitive New York state law, the loyalist Waddington was liable. But the peace treaty's provisions protecting loyalists'property rights said otherwise. Appearing for the defendants was war veteran, future Federalist, and first secretary of the treasury, Alexander Hamilton. And, as always, lurking in the background was the estimable Aaron Burr. As Hoffer details Hamilton's arguments for the supremacy of treaty law over state law, the significance of Rutgers v. Waddington in the development of a strongcentral government emerges clearly-as does the role of the courts in bridging the young nation's divisions in the Revolution'swake. Rutgers v. Waddington illustrates a foundational moment in American history. As such, it is an encapsulation of a societyriven by war, buffeted by revolutionary change attempting to piece together the true meaning of, in John Adams's formulation, "rule by law, and not by men.".
(source: Nielsen Book Data)9780700622054 20160619
Law Library (Crown)
xv, 146 pages : illustrations (some color) ; 22 cm.
  • Courts
  • Prisoners
  • Prosecutors
  • Appendix 1: Methodlogical statement
  • Appendix 2: Tables relating to old bailey book-theft trials, 1674-1820.
This study offers an authoritative and readable account of the hidden history of book theft in eighteenth-century London. It exploits a rich primary source, the compelling narratives of crime contained in the digitised Proceedings of the Old Bailey. The authors explain how cases of book theft came to court, and how in the ensuing trials the nature of the book itself became a question for legal debate. They assess the motives which led Londoners to steal books and the methods they employed in thefts from households and booksellers. Finally, the authors ask what the Proceedings tells us about the social ownership of books, and how the phenomenon of book theft differently affected book producers and consumers. Stealing Books in Eighteenth-Century London will appeal to readers interested in the connected histories of metropolitan life, crime, and the book in this period, and in the uses of digital resources in humanities research.
(source: Nielsen Book Data)9781137411952 20170213
Law Library (Crown)
x, 181 pages ; 25 cm.
  • Research on criminal women in Holland from 1550 to 1800
  • Crime and punishment
  • Infanticide
  • Women and petty theft
  • Aggressive women in the neighborhood
  • Promiscuous women
  • Against authority
  • Victim or perpetrator?
  • Conclusions.
Crime is men's business, isn't it? Women are responsible for 10 percent of crime in Europe. Yet, if we look at the Dutch Republic in the early modern period, we find that in the towns of Holland women played a much larger role in crime. In a number of early modern towns about half of the criminals convicted in court were women. These women were in vulnerable positions and thus more likely to become involved in crime. They also had a relatively independent status and led remarkably public lives. Manon van der Heijden convincingly shows that it is the very combination of women's vulnerability and independence that accounts for the high female crime rates in Holland between 1600 and 1800.
(source: Nielsen Book Data)9789004314115 20161124
Law Library (Crown)
xii, 636 pages : color map ; 25 cm.
  • Introduction
  • The system of Stanhope and Dubois (1717-1723)
  • Stanhope and DuBois' diplomatic legacy
  • Jealousy and misunderstandings? : the disintegration of the European system (1731-1740)
  • Conclusion.
"Balance of Power and Norm Hierarchy: Franco-British Diplomacy after the Peace of Utrecht" offers a detailed study of practical legal argumentation in French and British diplomacy in the age of Walpole and Fleury .".
(source: Nielsen Book Data)9789004293748 20160618
Law Library (Crown)
xiv, 248 pages, 8 unnumbered pages of plates : illustrations (some color) ; 24 cm
  • Saving souls
  • Conquest
  • Servants of God
  • Los indios
  • Friar Junípero Serra : the beginning
  • An ordeal of tears
  • The missions
  • Mission life
  • A vision darkened
  • Rebellion
  • After the missions.
A Cross of Thorns reexamines a chapter of California history that has been largely forgotten -- the enslavement of California's Indian population by Spanish missionaries from 1769 to 1821. California's Spanish missions are one of the state's major tourist attractions, where visitors are told that peaceful cultural exchange occurred between Franciscan friars and California Indians.
Law Library (Crown)