[PDF] Reconstructing American Law eBook

Author : Hanoch Dagan
Publisher : Oxford University Press, USA
Page : 247 pages
File Size : 11,19 MB
Release : 2013-09
Category : Law
ISBN : 0199890692

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This book demonstrates how legal realism offers important and unique jurisprudential insights that are not just a part of legal history, but are also relevant and useful for a contemporary understanding of legal theory.

Author : Peter W. Bardaglio
Publisher : Univ of North Carolina Press
Page : 378 pages
File Size : 42,90 MB
Release : 2000-11-09
Category : History
ISBN : 0807860212

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In Reconstructing the Household, Peter Bardaglio examines the connections between race, gender, sexuality, and the law in the nineteenth-century South. He focuses on miscegenation, rape, incest, child custody, and adoption laws to show how southerners struggled with the conflicts and stresses that surfaced within their own households and in the larger society during the Civil War era. Based on literary as well as legal sources, Bardaglio's analysis reveals how legal contests involving African Americans, women, children, and the poor led to a rethinking of families, sexuality, and the social order. Before the Civil War, a distinctive variation of republicanism, based primarily on hierarchy and dependence, characterized southern domestic relations. This organic ideal of the household and its power structure differed significantly from domestic law in the North, which tended to emphasize individual rights and contractual obligations. The defeat of the Confederacy, emancipation, and economic change transformed family law and the governance of sexuality in the South and allowed an unprecedented intrusion of the state into private life. But Bardaglio argues that despite these profound social changes, a preoccupation with traditional notions of gender and race continued to shape southern legal attitudes.

Author : Eric Lomazoff
Publisher : University of Chicago Press
Page : 264 pages
File Size : 22,71 MB
Release : 2018-11-07
Category : Political Science
ISBN : 022657945X

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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.

Author : Pamela Brandwein
Publisher : Duke University Press
Page : 292 pages
File Size : 25,29 MB
Release : 1999
Category : History
ISBN : 9780822323167

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Looks at the contest to construct history, focusing on competing versions of Reconstruction history supported by different factions after the Civil War. The author analyzes how the ultimately dominant version of the history won credence and how that in

Author : Laura F. Edwards
Publisher : Cambridge University Press
Page : 225 pages
File Size : 44,21 MB
Release : 2015-01-26
Category : History
ISBN : 1107008794

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This book provides a succinct and accessible account of the critical role of legal and constitutional issues of the American Civil War.

Author : Ḥanokh Dagan
Publisher :
Page : 236 pages
File Size : 44,6 MB
Release : 2013
Category : LAW
ISBN : 9780199367689

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The author revives the legal realists' rich account of law as a growing institution accommodating three sets of constitutive tensions-power and reason, science and craft, and tradition and progress, and demonstrates how the major claims attributed to legal realism fit into this conception of law. The book seeks to rein in realist descendants who have become fixated on one aspect of the big picture, and to dispel the misconceptions that those gone astray represent the tradition accurately or that realism is now merely a historical signpost.

Author : Martin J. Sklar
Publisher : Cambridge University Press
Page : 502 pages
File Size : 31,72 MB
Release : 1988
Category : Antitrust law
ISBN : 9780521313827

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Through an examination of the judicial, legislative, and political aspects of the antitrust debates in 1890 to 1916, Sklar shows that arguments were not only over competition versus combination, but also over the question of the relations between government and the market and the state and society.

Author : Robert J. Kaczorowski
Publisher : Reconstructing America
Page : 246 pages
File Size : 42,64 MB
Release : 2005
Category : Law
ISBN : 9780823223824

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This landmark work of Constitutional and legal history is the leading account of the ways in which federal judges, attorneys, and other law officers defined a new era of civil and political rights in the South and implemented the revolutionary 13th, 14th, and 15th Amendments during Reconstruction. "Should be required reading . . . for all historians, jurists, lawyers, political scientists, and government officials who in one way or another are responsible for understanding and interpreting our civil rights past."--Harold M. Hyman, Journal of Southern History "Important, richly researched. . . . the fullest account now available."--American Journal of Legal History

Author : G. Edward White
Publisher : Oxford University Press
Page : 681 pages
File Size : 26,89 MB
Release : 2016-02-15
Category : Law
ISBN : 0190602368

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In this second installment of G. Edward White's sweeping history of law in America from the colonial era to the present, White, covers the period between 1865-1929, which encompasses Reconstruction, rapid industrialization, a huge influx of immigrants, the rise of Jim Crow, the emergence of an American territorial empire, World War I, and the booming yet xenophobic 1920s. As in the first volume, he connects the evolution of American law to the major political, economic, cultural, social, and demographic developments of the era. To enrich his account, White draws from the latest research from across the social sciences--economic history, anthropology, and sociology--yet weave those insights into a highly accessible narrative. Along the way he provides a compelling case for why law can be seen as the key to understanding the development of American life as we know it. Law in American History, Volume II will be an essential text for both students of law and general readers.