A Companion to American Legal History
Wiley Blackwell Companions to American History 1. Aufl.
A Companion to American Legal History presents a compilation of the most recent writings from leading scholars on American legal history from the colonial era through the late twentieth century. Presents up-to-date research describing the key debates in American legal history Reflects the current state of American legal history research and points readers in the direction of future research Represents an ideal companion for graduate and law students seeking an introduction to the field, the key questions, and future research ideas
Notes on Contributors x Introduction 1 Sally E. Hadden and Alfred L. Brophy Part I Chronological Overviews 5 1 Reconsidering the Seventeenth Century: Legal History in the Americas 7 Elizabeth Dale 2 What’s Done and Undone: Colonial American Legal History, 1700?1775 26 Sally E. Hadden 3 1775?1815 46 Ellen Holmes Pearson 4 The Antebellum Era Through Civil War 67 Alfred L. Brophy 5 Beyond Classical Legal Thought: Law and Governance in Postbellum America, 1865?1920 86 Roman J. Hoyos 6 American Legal History, 1920?1970 105 Christopher W. Schmidt Part II Individuals and Groups 125 7 Native Americans 127 Christian McMillen 8 African Americans in Slavery 152 Thomas J. Davis 9 African Americans in Freedom 171 James Campbell 10 Women’s Legal History 190 Felice Batlan 11 Families 209 David S. Tanenhaus 12 Who Belongs? Immigrants and the Law in American History 228 Allison Brownell Tirres 13 The Legal Profession 247 Mark E. Steiner Part III Subject Areas 267 14 Law and the Economy of Early America: Markets, Institutions of Exchange, and Labor 269 Christine Desan 15 Law and the Economy in the United States, 1820?2000 289 Harwell Wells 16 Law and Labor in the Nineteenth and Twentieth Centuries 308 Deborah Dinner 17 Siting the Legal History of Poverty: Below, Above, and Amidst 329 Felicia Kornbluh and Karen Tani 18 Taxes 349 Robin L. Einhorn 19 Law and the Administrative State 367 Joanna L. Grisinger 20 Law and Religion 387 Steven K. Green 21 Legal History and the Military 406 Elizabeth L. Hillman 22 Criminal Law and Justice in America 422 Elizabeth Dale 23 Intellectual Property 441 Steven Wilf Part IV Legal Thought 461 24 Law and Literature 463 Jeannine Marie DeLombard 25 Legal Thought from Blackstone to Kent and Story 484 Steven J. Macias 26 American Jurisprudence in the Nineteenth and Early Twentieth Centuries 506 James D. Schmidt 27 Critical Legal Studies 524 John Henry Schlegel 28 The International Context: An Imperial Perspective on American Legal History 543 Clara Altman Index 562
“When a field grows as explosively as American legal history has over the past generation, a volume like this becomes necessary and useful. These essays, collectively and individually, capture the scholarly moment with grace, good humor, and erudition.” (Expofairs.com, 19 November 2014) "Blackwell is to be commended for commissioning this fine anthology of bibliographical essays on American legal history... Hadden and Brophy have done a superb job of gathering contributors and unifying their efforts." (Law and History Review, 1 February 2014) “Whether as an opening portal to the field or as a point of reference for those already active in it, A Companion to American Legal History should attract both interest and use..” (Journal of American History, 1 March 2014) "It is modelled exactly on the other volumes in the Wiley-Blackwell series: a large well-made octavo, nicely printed, solidly bound. There are no documents or illustrations; just 28 interesting essays and a good index." (Reference Reviews, 1 March 2014) “The collection provides the most comprehensive examination of American legal history to date. Summing Up: Recommended. Upper-division undergraduate, graduate, research, and professional collections.” (Choice, 1 January 2014)
Sally E. Hadden is Associate Professor of History at Western Michigan University, where she teaches legal history and the history of early America. She is the author of Slave Patrols: Law and Violence in Virginia and the Carolinas (2001) and co-editor of Signposts: New Directions in Southern Legal History (with P. Minter, 2013). Alfred L. Brophy is Judge John J. Parker Distinguished Professor of Law at the University of North Carolina, Chapel Hill, where he teaches property and trusts and estates. His books include Reparations: Pro and Con (2006), Integrating Spaces: Property Law and Race (with A. Lopez and K. Murray, 2011), and Transformations in American Legal History (with D. Hamilton, 2010).
In the past several decades, few fields of historical study have seen as much growth as the history of American law. Reflecting a wealth of new material in this field, A Companion to American Legal History presents a comprehensive analysis of the most recent scholarship on legal history from the colonial era through the late twentieth century. Featuring contributions from the finest established and emerging legal scholars, essays treat major time periods and themes from the perspective of race, gender, family, and labor, through to economics, jurisprudence, and crime. The essays represent an authoritative overview of leading historical interpretations as they address essential legal questions and point to future interpretive research directions to understand the complexities of American law and its legal institutions. A Companion to American Legal History offers illuminating insights into the evolution of the laws that have shaped—and been shaped by—American society from its origins until the present today.
“A Companion to American Legal History is an essential compendium of the state of the art, a reliable guide to a discipline that is daily crossing boundaries and probing more deeply into the role law has played in American life.” – David Konig, Washington University in St. Louis "A remarkable collection of first-rate historians have contributed to this indispensable guide to the burgeoning field of American legal history. A must-read for students and scholars alike." - Ariela Gross, University of Southern California “When a field grows as explosively as American legal history has over the past generation, a volume like this becomes necessary and useful. These essays, collectively and individually, capture the scholarly moment with grace, good humor, and erudition.” – Hendrik Hartog, Princeton University
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