Book
xx, 424 pages ; 25 cm
  • Granville Sharp (1735-1813)
  • The manuscripts
  • Black servants brought to England
  • The cases. Jonathan Strong ; The King (Lewis) v Stapylton (1771) ; Somerset v Stewart ; Gregson v. Gilbert (The Zong) ; Jonathan Strong ; King (Lewis) v Stapylton ; Somerset v Stuart ; Gregson v Gilbert ; Minor cases
  • Legislation
  • Letters
  • Blackstone's commentaries.
The purpose of Granville Sharpe's Cases on Slavery is twofold: first, to publish previously unpublished legal materials principally in three important cases in the 18th century on the issue of slavery in England, and specifically the status of black people who were slaves in the American colonies or the West Indies and who were taken to England by their masters. The unpublished materials are mostly verbatim transcripts made by shorthand writers commissioned by Granville Sharp, one of the first Englishmen to take up the cause of the abolition of the slave trade and slavery itself. Other related unpublished material is also made available for the first time, including an opinion of an attorney general and some minor cases from the library of York Minster. On the slave ship Zong, there are transcripts of the original declaration, the deposition by the chief mate, James Kelsall and an extract from a manuscript that Professor Martin Dockray was working on before his untimely death. The second purpose, outlined in the Introduction, is to give a social and legal background to the cases and an analysis of the position in England of black servants/slaves brought to England and the legal effects of the cases, taking into account the new information provided by the transcripts. There was a conflict in legal authorities as to whether black servants remained slaves, or became free on arrival in England. Lord Mansfield, the chief justice of the court of King's Bench, was a central figure in all the cases and clearly struggled to come to terms with slavery. The material provides a basis for tracing the evolution of his thought on the subject. On the one hand, the huge profits from slave production in the West Indies flooded into England, slave owners had penetrated the leading institutions in England and the pro-slavery lobby was influential. On the other hand, English law had over time established rights and liberties which in the 18th century were seen by many as national characteristics. That tradition was bolstered by the ideas of the Enlightenment. By about the 1760s it had become clear that there was no property in the person, and by the 1770s that such servants could not be sent abroad without their consent, but whether they owed an obligation of perpetual service remained unresolved.
(source: Nielsen Book Data)9781509911219 20170515
Law Library (Crown)
Book
xix, 391 pages : maps ; 24 cm
  • Introduction / Charles H. Parker and Gretchen Starr-LeBeau
  • Local contexts and regional variations
  • Tribunals and jurisdictions
  • Judges and shepherds
  • Inquisition and consistory records
  • Programs of moral and religious reform
  • Victims as actors
  • Negotiating penance
  • Gender on trial : attitudes towards femininity
  • Disciplinary institutions in the Atlantic world
  • Disciplinary institutions in an Asian environment
  • The endgame : the decline of institutional correction
  • Conclusion: Reformations of penance and scholarly renascences of disciplinary institutions / E. William Monter.
Judging Faith, Punishing Sin breaks new ground by offering the first comparative treatment of Catholic inquisitions and Calvinist consistories, offering scholars a new framework for analysing religious reform and social discipline in the great Christian age of reformation. Global in scope, both institutions played critical roles in prosecuting deviance, implementing religious uniformity, and promoting moral discipline in the social upheaval of the Reformation. Rooted in local archives and addressing specific themes, the essays survey the state of scholarship and chart directions for future inquiry and, taken as a whole, demonstrate the unique convergence of penitential practice, legal innovation, church authority, and state power, and how these forces transformed Christianity. Bringing together leading scholars across four continents, this volume is an invaluable contribution to our understanding of religion in the early modern world. University students and scholars alike will appreciate its clear introduction to scholarly debates and cutting edge scholarship.
(source: Nielsen Book Data)9781107140240 20170612
Law Library (Crown)
Book
x, 330 pages : illlustration, maps ; 23 cm
Joseph Süss Oppenheimer -"Jew Süss" - is one of the most iconic figures in the history of anti-Semitism. In 1733, Oppenheimer became the "court Jew" of Carl Alexander, the duke of the small German state of Wurttemberg. When Carl Alexander died unexpectedly, the Wurttemberg authorities arrested Oppenheimer, put him on trial, and condemned him to death for unspecified "misdeeds." On February 4, 1738, Oppenheimer was hanged in front of a large crowd just outside Stuttgart. He is most often remembered today through several works of fiction, chief among them a vicious Nazi propaganda movie made in 1940 at the behest of Joseph Goebbels. The Many Deaths of Jew Suss is a compelling new account of Oppenheimer's notorious trial. Drawing on a wealth of rare archival evidence, Yair Mintzker investigates conflicting versions of Oppenheimer's life and death as told by four contemporaries: the leading inquisitor in the criminal investigation, the most important eyewitness to Oppenheimer's final days, a fellow court Jew who was permitted to visit Oppenheimer on the eve of his execution, and one of Oppenheimer's earliest biographers. What emerges is a lurid tale of greed, sex, violence, and disgrace - but are these narrators to be trusted? Meticulously reconstructing the social world in which they lived, and taking nothing they say at face value, Mintzker conjures an unforgettable picture of "Jew Suss" in his final days that is at once moving, disturbing, and profound.
Law Library (Crown)
Book
xiv, 559 pages : illustrations, maps ; 25 cm
  • Tory-hunting
  • Britain's dilemma
  • Rubicon
  • Plundering protectors
  • Violated bodies
  • Slaughterhouses
  • Black holes
  • Skiver them!
  • Town-destroyer
  • Americanizing the war
  • Man for man
  • Returning losers.
"The American Revolution is often portrayed as an orderly, restrained rebellion, with brave patriots defending their noble ideals against an oppressive empire. It's a stirring narrative, and one the founders did their best to encourage after the war. But as historian Holger Hoock shows in this ... account of America's founding, the Revolution was not only a high-minded battle over principles, but also a profoundly violent civil war--one that shaped the nation, and the British Empire, in ways we have only begun to understand"-- Amazon.com.
Law Library (Crown)
Book
x, 387 pages : illustrations, portraits ; 25 cm
  • The Declaration of Independence and the mystery of equality
  • Contending for religious equality
  • Equal justice for Irishmen and other foreigners
  • People of color and the promise betrayed
  • People of color and equal rights : New England cases
  • Subordinate citizens : women and children
  • Equal rights and unequal people
  • Equal rights, privilege, and the pursuit of inequality.
From a distinguished historian, a detailed and compelling examination of how the early Republic struggled with the idea that "all men are created equal" How did Americans in the generations following the Declaration of Independence translate its lofty ideals into practice? In this broadly synthetic work, distinguished historian Richard Brown shows that despite its founding statement that "all men are created equal, " the early Republic struggled with every form of social inequality. While people paid homage to the ideal of equal rights, this ideal came up against entrenched social and political practices and beliefs. Brown illustrates how the ideal was tested in struggles over race and ethnicity, religious freedom, gender and social class, voting rights and citizenship. He shows how high principles fared in criminal trials and divorce cases when minorities, women, and people from different social classes faced judgment. This book offers a much-needed exploration of the ways revolutionary political ideas penetrated popular thinking and everyday practice.
(source: Nielsen Book Data)9780300197112 20170621
Law Library (Crown)
Book
420 pages : illustrations ; 24 cm
  • Introduction: Seen and unseen
  • The widow Washington
  • Martha Dandridge
  • Married lady
  • Mistress of Mount Vernon
  • Revolutionary War
  • First Lady
  • Slaves in the President's house
  • Home again
  • Martha Wayles
  • Mistress of Monticello I
  • War in Virginia
  • Birth and death at Monticello
  • Patsy Jefferson and Sally Hemings
  • First Lady
  • Mistress of Monticello II
  • The Hemingses
  • Death of Thomas Jefferson
  • Dolley Payne
  • Mrs. Madison
  • First Lady
  • Mistress of Montpelier
  • Decline of Montpelier
  • The widow Madison
  • Sale of Montpelier
  • In Washington
  • Death of Dolley Madison
  • Epilogue: Inside and outside.
Behind every great man stands a great woman. And behind that great woman stands a slave. Or so it was in the households of the Founding Fathers from Virginia where slaves worked and suffered throughout the domestic environments of the era, from Mount Vernon, Monticello, and Montpelier to the nation's capital. American icons like Martha Washington, Martha Jefferson, and Dolley Madison were all slaveholders. And as Marie Jenkins Schwartz uncovers in Ties That Bound, these women, as the day to day managers of their households, dealt with the realities of a slaveholding culture directly and continuously, even in the most intimate of spaces.Unlike other histories that treat the stories of the First Ladies' slaves as somehow separate from the lives of their mistresses, as if slavery should be relegated to its own sphere or chapter, Ties That Bound closely examines the relationships that developed between the First Ladies and their slaves. For elite women and their families, slaves were more than an agricultural workforce; instead, slavery was an entire domestic way of life that reflected and reinforced their status. In many cases slaves were more constant companions to the white women of the household than were the white men themselves, who often traveled or were at war. Thus, by looking closely at the complicated intimacy these women shared, Schwartz is able to reveal how they negotiated their roles, illuminating much about the lives of slaves themselves as well as class, race, and gender in early America.By detailing the prevalence and prominence of slaves in the daily lives of women who helped shape the country, Schwartz makes it clear that it is impossible to honestly tell the stories of these women while ignoring the slaves in the background. She asks us to consider anew the embedded power of slavery in the very earliest conception of American politics, society, and everyday domestic routines.
(source: Nielsen Book Data)9780226147550 20170515
Law Library (Crown)
Book
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)
Book
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)
Book
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)
Book
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)

11. An essay on man [2016]

Book
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)
Book
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)
Book
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)
Book
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)
Book
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)
Book
458 pages : illustrations ; 24 cm
  • Historia del derecho, historia del derecho indiano
  • Justicia ordinaria y mecanismos de control social en la Ciudad de México
  • La embriaguez, mal endémico de la Ciudad de México
  • Robos y hurtos
  • Delitos de lujuria
  • Delitos contra la vida
  • La delincuencia femenina
  • A modo de epílogo.
Law Library (Crown)
Book
479 pages : illustrations (some color) ; 25 cm
  • Part I. Society, crime and judicial retribution in ancien régime Malta
  • Primary sources on crime and retribution in early modern Malta
  • The nature of crime and its perception
  • Retribution in motion : judicial structures, procedures and immunities
  • Executions as expiatory justice and divine grace
  • Part II. Crimes committed by the Maltese, the order's members and other foreigners in Malta
  • Burglary, theft and robbery
  • Dereliction of duty
  • Desertion and other military offences
  • Duelling
  • Escape, capture and entrapment
  • Escape from quarantine
  • Forgery
  • Fraud
  • Gambling
  • Manslaughter
  • Multiple crimes
  • Murder
  • Odd cases out
  • Physical assaults and scuffles
  • Rebellion and mutiny
  • Sex, crime and punishment
  • Suicide
  • Unreported treasure trove : the case of the golden calf
  • Vandalism
  • Non-capital punishment for unspecified crimes
  • Capital punishment for unspecified crimes
  • Part III. Crimes committed by slaves
  • Burglary, theft and robbery
  • Escape, capture and entrapment
  • Murder
  • Odd cases out
  • Physical assaults and scuffles
  • Rebellion and mass escape
  • Sex, crime and punishment
  • Suicide
  • Capital punishment for unspecified crimes.
"The present publication is the result of various research visits to the Vatican Archives spread over ten years or so and of going through some 200-odd volumes of correspondence and miscellaneous documentation, comprising many thousands of manuscript folios and varying from beautifully clear handwriting to the nightmarish. True, daring and often dramatic episodes of crime have always attracted the attention of contemporary eyewitness observers. Perhaps even more magnetic was the spine-chilling retribution meted out by authority. Tucked away safely in the role of mere observers, whether of the moralistic self-righteous and indignant sort or simply as welcome spectators of the exercise of State or ecclesiastical power over errant subjects, they have left us a considerable corpus of primary source evidence of what they witnessed, in the form of diaries, letters and descriptive accounts from the period. A whole world later and from the comfort of our technologically-overloaded homes, it is our turn to be the privileged and willing spectators of history – buffered and secure as we are – against the horrors they describe, thanks to the distance of a few centuries."-- Back cover.
Law Library (Crown)
Book
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)
Book
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)
Book
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 link.springer.com 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. (www.reconfort.eu).
(source: Nielsen Book Data)9783319424040 20170306
Law Library (Crown)