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This work of legal history explores the intellectual underpinnings of law in the early republic by examining the thought of scientifically minded legal scholars. It understands legal science as a coherent jurisprudential movement that was responsible for the institutionalization of law in many settings, productions, and movements.
Book Synopsis Legal Science in the Early Republic by : Steven J. Macias
Download or read book Legal Science in the Early Republic written by Steven J. Macias and published by . This book was released on 2017-09-11 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work of legal history explores the intellectual underpinnings of law in the early republic by examining the thought of scientifically minded legal scholars. It understands legal science as a coherent jurisprudential movement that was responsible for the institutionalization of law in many settings, productions, and movements.
This work examines the intellectual motivations behind the concept of “legal science”—the first coherent American jurisprudential movement after Independence. Drawing mainly upon public, but also private, sources, this book considers the goals of the bar’s professional leaders who were most adamant and deliberate in setting out their visions of legal science. It argues that these legal scientists viewed the realm of law as the means through which they could express their hopes and fears associated with the social and cultural promises and perils of the early republic. Law, perhaps more so than literature or even the natural sciences, provided the surest path to both national stability and international acclaim. While legal science yielded the methodological tools needed to achieve these lofty goals, its naturalistic foundations, more importantly, were at least partly responsible for the grand impulses in the first place. This book first considers the content of legal science and then explores its application by several of the most articulate legal scientists working and writing in the early republic.
Book Synopsis Legal Science in the Early Republic by : Steven J. Macias
Download or read book Legal Science in the Early Republic written by Steven J. Macias and published by Lexington Books. This book was released on 2016-05-31 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work examines the intellectual motivations behind the concept of “legal science”—the first coherent American jurisprudential movement after Independence. Drawing mainly upon public, but also private, sources, this book considers the goals of the bar’s professional leaders who were most adamant and deliberate in setting out their visions of legal science. It argues that these legal scientists viewed the realm of law as the means through which they could express their hopes and fears associated with the social and cultural promises and perils of the early republic. Law, perhaps more so than literature or even the natural sciences, provided the surest path to both national stability and international acclaim. While legal science yielded the methodological tools needed to achieve these lofty goals, its naturalistic foundations, more importantly, were at least partly responsible for the grand impulses in the first place. This book first considers the content of legal science and then explores its application by several of the most articulate legal scientists working and writing in the early republic.
This book presents a fundamental reinterpretation of law and politics in America between 1790 and 1850, the crucial period of the Republic's early growth and its movement toward industrialism. It is the most detailed study yet available of the intellectual and institutional processes that created the foundation categories framing all the basic legal relationships involving working people.
Book Synopsis Law, Labor, and Ideology in the Early American Republic by : Christopher L. Tomlins
Download or read book Law, Labor, and Ideology in the Early American Republic written by Christopher L. Tomlins and published by Cambridge University Press. This book was released on 1993-04-30 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a fundamental reinterpretation of law and politics in America between 1790 and 1850, the crucial period of the Republic's early growth and its movement toward industrialism. It is the most detailed study yet available of the intellectual and institutional processes that created the foundation categories framing all the basic legal relationships involving working people.
This book provides a complete overview of the Founders' natural rights theory and its policy implications.
Book Synopsis The Political Theory of the American Founding by : Thomas G. West
Download or read book The Political Theory of the American Founding written by Thomas G. West and published by Cambridge University Press. This book was released on 2017-04-03 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a complete overview of the Founders' natural rights theory and its policy implications.
The Bank of the United States sparked several rounds of intense debate over the meaning of the Constitution’s Necessary and Proper Clause, which authorizes the federal government to make laws that are “necessary” for exercising its other powers. Our standard account of the national bank controversy, however, is incomplete. The controversy was much more dynamic than a two-sided debate over a single constitutional provision and was shaped as much by politics as by law. With Reconstructing the National Bank Controversy, Eric Lomazoff offers a far more robust account of the constitutional politics of national banking between 1791 and 1832. During that time, three forces—changes within the Bank itself, growing tension over federal power within the Republican coalition, and the endurance of monetary turmoil beyond the War of 1812 —drove the development of our first major debate over the scope of federal power at least as much as the formal dimensions of the Constitution or the absence of a shared legal definition for the word “necessary.” These three forces—sometimes alone, sometimes in combination—repeatedly reshaped the terms on which the Bank’s constitutionality was contested. Lomazoff documents how these three dimensions of the polity changed over time and traces the manner in which they periodically led federal officials to adjust their claims about the Bank’s constitutionality. This includes the emergence of the Coinage Clause—which gives Congress power to “coin money, regulate the value thereof”—as a novel justification for the institution. He concludes the book by explaining why a more robust account of the national bank controversy can help us understand the constitutional basis for modern American monetary politics.
Book Synopsis Reconstructing the National Bank Controversy by : Eric Lomazoff
Download or read book Reconstructing the National Bank Controversy written by Eric Lomazoff and published by University of Chicago Press. This book was released on 2018-11-07 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Bank of the United States sparked several rounds of intense debate over the meaning of the Constitution’s Necessary and Proper Clause, which authorizes the federal government to make laws that are “necessary” for exercising its other powers. Our standard account of the national bank controversy, however, is incomplete. The controversy was much more dynamic than a two-sided debate over a single constitutional provision and was shaped as much by politics as by law. With Reconstructing the National Bank Controversy, Eric Lomazoff offers a far more robust account of the constitutional politics of national banking between 1791 and 1832. During that time, three forces—changes within the Bank itself, growing tension over federal power within the Republican coalition, and the endurance of monetary turmoil beyond the War of 1812 —drove the development of our first major debate over the scope of federal power at least as much as the formal dimensions of the Constitution or the absence of a shared legal definition for the word “necessary.” These three forces—sometimes alone, sometimes in combination—repeatedly reshaped the terms on which the Bank’s constitutionality was contested. Lomazoff documents how these three dimensions of the polity changed over time and traces the manner in which they periodically led federal officials to adjust their claims about the Bank’s constitutionality. This includes the emergence of the Coinage Clause—which gives Congress power to “coin money, regulate the value thereof”—as a novel justification for the institution. He concludes the book by explaining why a more robust account of the national bank controversy can help us understand the constitutional basis for modern American monetary politics.
Giving close consideration to previously neglected debates, Matthew Mason challenges the common contention that slavery held little political significance in America until the Missouri Crisis of 1819. Mason demonstrates that slavery and politics were enmeshed in the creation of the nation, and in fact there was never a time between the Revolution and the Civil War in which slavery went uncontested. The American Revolution set in motion the split between slave states and free states, but Mason explains that the divide took on greater importance in the early nineteenth century. He examines the partisan and geopolitical uses of slavery, the conflicts between free states and their slaveholding neighbors, and the political impact of African Americans across the country. Offering a full picture of the politics of slavery in the crucial years of the early republic, Mason demonstrates that partisans and patriots, slave and free--and not just abolitionists and advocates of slavery--should be considered important players in the politics of slavery in the United States.
Book Synopsis Slavery and Politics in the Early American Republic by : Matthew Mason
Download or read book Slavery and Politics in the Early American Republic written by Matthew Mason and published by Univ of North Carolina Press. This book was released on 2009-01-05 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Giving close consideration to previously neglected debates, Matthew Mason challenges the common contention that slavery held little political significance in America until the Missouri Crisis of 1819. Mason demonstrates that slavery and politics were enmeshed in the creation of the nation, and in fact there was never a time between the Revolution and the Civil War in which slavery went uncontested. The American Revolution set in motion the split between slave states and free states, but Mason explains that the divide took on greater importance in the early nineteenth century. He examines the partisan and geopolitical uses of slavery, the conflicts between free states and their slaveholding neighbors, and the political impact of African Americans across the country. Offering a full picture of the politics of slavery in the crucial years of the early republic, Mason demonstrates that partisans and patriots, slave and free--and not just abolitionists and advocates of slavery--should be considered important players in the politics of slavery in the United States.
After its early introduction into the English colonies in North America, slavery in the United States lasted as a legal institution until the passage of the Thirteenth Amendment to the Constitution in 1865. But increasingly during the contested politics of the early republic, abolitionists cried out that the Constitution itself was a slaveowners’ document, produced to protect and further their rights. A Slaveholders’ Union furthers this unsettling claim by demonstrating once and for all that slavery was indeed an essential part of the foundation of the nascent republic. In this powerful book, George William Van Cleve demonstrates that the Constitution was pro-slavery in its politics, its economics, and its law. He convincingly shows that the Constitutional provisions protecting slavery were much more than mere “political” compromises—they were integral to the principles of the new nation. By the late 1780s, a majority of Americans wanted to create a strong federal republic that would be capable of expanding into a continental empire. In order for America to become an empire on such a scale, Van Cleve argues, the Southern states had to be willing partners in the endeavor, and the cost of their allegiance was the deliberate long-term protection of slavery by America’s leaders through the nation’s early expansion. Reconsidering the role played by the gradual abolition of slavery in the North, Van Cleve also shows that abolition there was much less progressive in its origins—and had much less influence on slavery’s expansion—than previously thought. Deftly interweaving historical and political analyses, A Slaveholders’ Union will likely become the definitive explanation of slavery’s persistence and growth—and of its influence on American constitutional development—from the Revolutionary War through the Missouri Compromise of 1821.
Book Synopsis A Slaveholders' Union by : George William Van Cleve
Download or read book A Slaveholders' Union written by George William Van Cleve and published by University of Chicago Press. This book was released on 2010-10-15 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: After its early introduction into the English colonies in North America, slavery in the United States lasted as a legal institution until the passage of the Thirteenth Amendment to the Constitution in 1865. But increasingly during the contested politics of the early republic, abolitionists cried out that the Constitution itself was a slaveowners’ document, produced to protect and further their rights. A Slaveholders’ Union furthers this unsettling claim by demonstrating once and for all that slavery was indeed an essential part of the foundation of the nascent republic. In this powerful book, George William Van Cleve demonstrates that the Constitution was pro-slavery in its politics, its economics, and its law. He convincingly shows that the Constitutional provisions protecting slavery were much more than mere “political” compromises—they were integral to the principles of the new nation. By the late 1780s, a majority of Americans wanted to create a strong federal republic that would be capable of expanding into a continental empire. In order for America to become an empire on such a scale, Van Cleve argues, the Southern states had to be willing partners in the endeavor, and the cost of their allegiance was the deliberate long-term protection of slavery by America’s leaders through the nation’s early expansion. Reconsidering the role played by the gradual abolition of slavery in the North, Van Cleve also shows that abolition there was much less progressive in its origins—and had much less influence on slavery’s expansion—than previously thought. Deftly interweaving historical and political analyses, A Slaveholders’ Union will likely become the definitive explanation of slavery’s persistence and growth—and of its influence on American constitutional development—from the Revolutionary War through the Missouri Compromise of 1821.
In Utilitarianism in the Early American Republic James E. Crimmins provides a fresh perspective on the history of antebellum American political thought. Based on a broad-ranging study of the dissemination and reception of utilitarian ideas in the areas of constitutional politics, law education, law reform, moral theory and political economy, Crimmins illustrates the complexities of the place of utilitarianism in the intellectual ferment of the times, in both its secular and religious forms, intersection with other doctrines, and practical outcomes. The pragmatic character of American political thought revealed—culminating in the postbellum rise of Pragmatism—stands in marked contrast to the conventional interpretations of intellectual history in this period. Utilitarianism in the Early American Republic will be of interest to academic specialists, and graduate and senior undergraduate students engaged in the history of political thought, moral philosophy and legal philosophy, particularly scholars with interests in utilitarianism, the trans-Atlantic transfer of ideas, the American political tradition and modern American intellectual history.
Book Synopsis Utilitarianism in the Early American Republic by : James E. Crimmins
Download or read book Utilitarianism in the Early American Republic written by James E. Crimmins and published by Routledge. This book was released on 2021-11-01 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Utilitarianism in the Early American Republic James E. Crimmins provides a fresh perspective on the history of antebellum American political thought. Based on a broad-ranging study of the dissemination and reception of utilitarian ideas in the areas of constitutional politics, law education, law reform, moral theory and political economy, Crimmins illustrates the complexities of the place of utilitarianism in the intellectual ferment of the times, in both its secular and religious forms, intersection with other doctrines, and practical outcomes. The pragmatic character of American political thought revealed—culminating in the postbellum rise of Pragmatism—stands in marked contrast to the conventional interpretations of intellectual history in this period. Utilitarianism in the Early American Republic will be of interest to academic specialists, and graduate and senior undergraduate students engaged in the history of political thought, moral philosophy and legal philosophy, particularly scholars with interests in utilitarianism, the trans-Atlantic transfer of ideas, the American political tradition and modern American intellectual history.
Fear of centralized authority is deeply rooted in American history. The struggle over the U.S. Constitution in 1788 pitted the Federalists, supporters of a stronger central government, against the Anti-Federalists, the champions of a more localist vision of politics. But, argues Saul Cornell, while the Federalists may have won the battle over ratification, it is the ideas of the Anti-Federalists that continue to define the soul of American politics. While no Anti-Federalist party emerged after ratification, Anti-Federalism continued to help define the limits of legitimate dissent within the American constitutional tradition for decades. Anti-Federalist ideas also exerted an important influence on Jeffersonianism and Jacksonianism. Exploring the full range of Anti-Federalist thought, Cornell illustrates its continuing relevance in the politics of the early Republic. A new look at the Anti-Federalists is particularly timely given the recent revival of interest in this once neglected group, notes Cornell. Now widely reprinted, Anti-Federalist writings are increasingly quoted by legal scholars and cited in Supreme Court decisions--clear proof that their authors are now counted among the ranks of America's founders.
Book Synopsis The Other Founders by : Saul Cornell
Download or read book The Other Founders written by Saul Cornell and published by UNC Press Books. This book was released on 2012-12-01 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fear of centralized authority is deeply rooted in American history. The struggle over the U.S. Constitution in 1788 pitted the Federalists, supporters of a stronger central government, against the Anti-Federalists, the champions of a more localist vision of politics. But, argues Saul Cornell, while the Federalists may have won the battle over ratification, it is the ideas of the Anti-Federalists that continue to define the soul of American politics. While no Anti-Federalist party emerged after ratification, Anti-Federalism continued to help define the limits of legitimate dissent within the American constitutional tradition for decades. Anti-Federalist ideas also exerted an important influence on Jeffersonianism and Jacksonianism. Exploring the full range of Anti-Federalist thought, Cornell illustrates its continuing relevance in the politics of the early Republic. A new look at the Anti-Federalists is particularly timely given the recent revival of interest in this once neglected group, notes Cornell. Now widely reprinted, Anti-Federalist writings are increasingly quoted by legal scholars and cited in Supreme Court decisions--clear proof that their authors are now counted among the ranks of America's founders.
In a remarkable book based on prodigious research, Morton J. Horwitz offers a sweeping overview of the emergence of a national (and modern) legal system from English and colonial antecedents. He treats the evolution of the common law as intellectual history and also demonstrates how the shifting views of private law became a dynamic element in the economic growth of the United States. Horwitz's subtle and sophisticated explanation of societal change begins with the common law, which was intended to provide justice for all. The great breakpoint came after 1790 when the law was slowly transformed to favor economic growth and development. The courts spurred economic competition instead of circumscribing it. This new instrumental law flourished as the legal profession and the mercantile elite forged a mutually beneficial alliance to gain wealth and power. The evolving law of the early republic interacted with political philosophy, Horwitz shows. The doctrine of laissez-faire, long considered the cloak for competition, is here seen as a shield for the newly rich. By the 1840s the overarching reach of the doctrine prevented further distribution of wealth and protected entrenched classes by disallowing the courts very much power to intervene in economic life. This searching interpretation, which connects law and the courts to the real world, will engage historians in a new debate. For to view the law as an engine of vast economic transformation is to challenge in a stunning way previous interpretations of the eras of revolution and reform.
Book Synopsis The Transformation of American Law, 1780-1860 by : Morton J. HORWITZ
Download or read book The Transformation of American Law, 1780-1860 written by Morton J. HORWITZ and published by Harvard University Press. This book was released on 2009-06-30 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a remarkable book based on prodigious research, Morton J. Horwitz offers a sweeping overview of the emergence of a national (and modern) legal system from English and colonial antecedents. He treats the evolution of the common law as intellectual history and also demonstrates how the shifting views of private law became a dynamic element in the economic growth of the United States. Horwitz's subtle and sophisticated explanation of societal change begins with the common law, which was intended to provide justice for all. The great breakpoint came after 1790 when the law was slowly transformed to favor economic growth and development. The courts spurred economic competition instead of circumscribing it. This new instrumental law flourished as the legal profession and the mercantile elite forged a mutually beneficial alliance to gain wealth and power. The evolving law of the early republic interacted with political philosophy, Horwitz shows. The doctrine of laissez-faire, long considered the cloak for competition, is here seen as a shield for the newly rich. By the 1840s the overarching reach of the doctrine prevented further distribution of wealth and protected entrenched classes by disallowing the courts very much power to intervene in economic life. This searching interpretation, which connects law and the courts to the real world, will engage historians in a new debate. For to view the law as an engine of vast economic transformation is to challenge in a stunning way previous interpretations of the eras of revolution and reform.
