Dispute and Conflict Resolution in Plymouth County, Massachusetts, 1725-1825
Dispute and Conflict Resolution in Plymouth County, Massachusetts, 1725-1825

Author: William E. Nelson

Publisher: UNC Press Books

Published: 2017-10-10

Total Pages: 153

ISBN-13: 1469640023

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Nelson identifies three principal institutions involved in conflict resolution: the twon meeting, the church congregation, and the courts of law. He subsequently determines the type of cases over which each institution had jurisdiction and studies the procedures by which each functioned. He examines the tendency after 1800 to bring disputes to the court and sees this as a response to the introduction of new, nontraditional values not held by local institutions. Originally published 1981. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.

Anglo-American Securities Regulation
Anglo-American Securities Regulation

Author: Stuart Banner

Publisher: Cambridge University Press

Published: 2002-08-22

Total Pages: 342

ISBN-13: 9780521521130

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A history of the law governing the earliest stock markets in England and the United States.

Colonial America: An Encyclopedia of Social, Political, Cultural, and Economic History
Colonial America: An Encyclopedia of Social, Political, Cultural, and Economic History

Author: James Ciment

Publisher: Routledge

Published: 2016-09-16

Total Pages: 3151

ISBN-13: 1317474163

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No era in American history has been more fascinating to Americans, or more critical to the ultimate destiny of the United States, than the colonial era. Between the time that the first European settlers established a colony at Jamestown in 1607 through the signing of the Declaration of Independence, the outlines of America's distinctive political culture, economic system, social life, and cultural patterns had begun to emerge. Designed to complement the high school American history curriculum as well as undergraduate survey courses, "Colonial America: An Encyclopedia of Social, Political, Cultural, and Economic History" captures it all: the people, institutions, ideas, and events of the first three hundred years of American history. While it focuses on the thirteen British colonies stretching along the Atlantic, Colonial America sets this history in its larger contexts. Entries also cover Canada, the American Southwest and Mexico, and the Caribbean and Atlantic world directly impacting the history of the thirteen colonies. This encyclopedia explores the complete early history of what would become the United States, including portraits of Native American life in the immediate pre-contact period, early Spanish exploration, and the first settlements by Spanish, French, Dutch, Swedish, and English colonists. This monumental five-volume set brings America's colonial heritage vibrantly to life for today's readers. It includes: thematic essays on major issues and topics; detailed A-Z entries on hundreds of people, institutions, events, and ideas; thematic and regional chronologies; hundreds of illustrations; primary documents; and a glossary and multiple indexes.

Medical Malpractice in Nineteenth-Century America
Medical Malpractice in Nineteenth-Century America

Author: Kenneth De Ville

Publisher: NYU Press

Published: 1992-04-01

Total Pages: 335

ISBN-13: 0814744168

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Highly readable . . . . interdisciplinary history of a high order. -- The Historian Well-written and superbly documented . . . . Both physicians and lawyers will find this book useful and fascinating. -- Journal of the American Medical Association This is the first book-length historical study of medical malpractice in 19th-century America and it is exceedingly well done . . . . The author reveals that, beginning in the 1840s, Americans began to initiate malpractice lawsuits against their physicians and surgeons. Among the reasons for this development were the decline in the belief in divine providence, increased competition between physicians and medical sects, and advances in medical science that led to unrealistically high expectations of the ability of physicians to cure . . . . This book is well written, often entertaining and witty, and is historically accurate, based on the best secondary, as well as primary sources from the time period. Highly recommended. -- Choice Adept at not only traditional historical research but also cultural studies, the author treats the reader to an intriguing discussion of how 19th-century Americans came truly to see their bodies differently . . . . a sophisticated new standard in the field of malpractice history. -- The Journal of the Early RepublicBy far the best compilation and analysis of early medical malpractice cases I have seen . . . . this excellently crafted study is bound to be of interest to a large number of readers. -- James C. Mohr, author of Abortion in America: The Origins and Evolution of a National Policy

Neighbors and Strangers
Neighbors and Strangers

Author: Bruce H. Mann

Publisher: UNC Press Books

Published: 2016-06-30

Total Pages: 224

ISBN-13: 1469620529

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Combining legal and social history, Bruce Mann explores the relationship between law and society from the mid-seventeenth century to the eve of the Revolution. Analyzing a sample of more than five thousand civil cases from the records of local courts in Connecticut, he shows how once-neighborly modes of disputing yielded to a legal system that treated neighbors and strangers alike. During the colonial period population growth, immigration, economic development, war, and religious revival transformed the nature and context of official and economic relations in Connecticut. Towns lost the insularity and homogeneity that made them the embodiment of community. Debt litigation was transformed from a communal model of disputing in which procedures were based on the individual disagreements to a system of mechanical rules that homogenized law. Pleading grew more technical, and the civil jury faded from predominance to comparative insignificance. Arbitration and church disciplinary proceedings, the usual alternatives to legal process, became more formal and legalistic and, ultimately, less communal. Using a computer-assisted analysis of court records and insights drawn from anthropology and sociology, Mann concludes that changes in the law and its applications were tied to the growing commercialization of the economy. They also can be attributed to the fledgling legal profession's approach to law as an autonomous system rather than as a communal process. These changes marked the advent of a legal system that valued predictability and uniformity of legal relations more than responsiveness to individual communities. Mann shows that by the eve of the Revolution colonial law had become less identified with community and more closely associated with society.

Beyond the Farm
Beyond the Farm

Author: J. M. Opal

Publisher: University of Pennsylvania Press

Published: 2013-04-19

Total Pages: 277

ISBN-13: 0812203453

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During the first half-century of American independence, a fundamental change in the meaning and morality of ambition emerged in American culture. Long stigmatized as a dangerous passion that led people to pursue fame at the expense of duty, ambition also raised concerns among American Revolutionaries who espoused self-sacrifice. After the ratification of the U.S. Constitution and the creation of the federal republic in 1789, however, a new ethos of nation-making took hold in which ambition, properly cultivated, could rescue talent and virtue from the parochial needs of the family farm. Rather than an apology for an emerging market culture of material desire and commercial dealing, ambition became a civic project—a concerted reply to the localism of provincial life. By thus attaching itself to the national self-image during the early years of the Republic, before the wrenching upheavals of the Industrial Revolution, ambitious striving achieved a cultural dominance that future generations took for granted. Beyond the Farm not only describes this transformation as a national effort but also explores it as a personal journey. Centered on the lives of six aspiring men from the New England countryside, the book follows them from youthful days full of hope and unrest to eventual careers marked by surprising success and crushing failure. Along the way, J. M. Opal recovers such intimate dramas as a young man's abandonment by his self-made parents, a village printer's dreams of small-town fame, and a headstrong boy's efforts to both surpass and honor his family. By relating the vast abstractions of nation and ambition to the everyday milieus of home, work, and school, Beyond the Farm reconsiders the roots of American individualism in vivid detail and moral complexity.

The Freedoms We Lost
The Freedoms We Lost

Author: Barbara Clark Smith

Publisher: The New Press

Published: 2010-11-09

Total Pages: 289

ISBN-13: 1595585974

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A brilliant and original examination of American freedom as it existed before the Revolution, from the Smithsonian’s curator of social history. The American Revolution is widely understood—by schoolchildren and citizens alike—as having ushered in “freedom” as we know it, a freedom that places voting at the center of American democracy. In a sharp break from this view, historian Barbara Clark Smith charts the largely unknown territory of the unique freedoms enjoyed by colonial American subjects of the British king—that is, American freedom before the Revolution. The Freedoms We Lost recovers a world of common people regularly serving on juries, joining crowds that enforced (or opposed) the king’s edicts, and supplying community enforcement of laws in an era when there were no professional police. The Freedoms We Lost challenges the unquestioned assumption that the American patriots simply introduced freedom where the king had once reigned. Rather, Smith shows that they relied on colonial-era traditions of political participation to drive the Revolution forward—and eventually, betrayed these same traditions as leading patriots gravitated toward “monied men” and elites who would limit the role of common men in the new democracy. By the end of the 1780s, she shows, Americans discovered that forms of participation once proper to subjects of Britain were inappropriate—even impermissible—to citizens of the United States. In a narrative that counters nearly every textbook account of America’s founding era, The Freedoms We Lost challenges us to think about what it means to be free.

Being Neighbours
Being Neighbours

Author: Catharine Anne Wilson

Publisher: McGill-Queen's Press - MQUP

Published: 2022-10-28

Total Pages: 273

ISBN-13: 022801588X

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Throughout history, farm families have shared work and equipment with their neighbours to complete labour-intensive, time-sensitive, and time-consuming tasks. They benefitted materially and socially from these voluntary, flexible, loosely structured networks of reciprocal assistance, making neighbourliness a vital but overlooked aspect of agricultural change. Being Neighbours takes us into the heart of neighbourhood – the set of people near and surrounding the family – through an examination of work bees in southern Ontario from 1830 to 1960. The bee was a special event where people gathered to work on a neighbour’s farm like bees in a hive for a wide variety of purposes, including barn raising, logging, threshing, quilting, turkey plucking, and apple paring. Drawing on the diaries of over one hundred men and women, Catharine Wilson takes readers into families’ daily lives, the intricacies of their labour exchange, and their workways, feasts, and hospitality. Through the prism of the bee and a close reading of the diaries, she uncovers the subtle social politics of mutual dependency, the expectations neighbours had of each other, and their ways of managing conflict and crisis. This book adds to the literature on cooperative work that focuses on evaluating its economic efficiency and complicates histories of capitalism that place communal values at odds with market orientation. Beautifully written, engaging, and richly detailed and illustrated, Being Neighbours reveals the visceral textures of rural life.

Judging Credentials
Judging Credentials

Author: Doris Marie Provine

Publisher: University of Chicago Press

Published: 1986

Total Pages: 272

ISBN-13: 9780226684710

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Must judges be trained as lawyers in order to be effective in office, or can nonlawyers serve equally well? This question has long provoked controversy among lawyers, judges, legislators, and the public. In her empirical study of the place of the nonlawyer judge in the American legal system, Doris Marie Provine concludes that, despite the opposition of the legal profession to nonlawyer judges, they are as competent as lawyers in carrying out judicial duties in courts of limited jurisdiction. Provine presents a persuasive argument that the case against nonlawyer judges has been weighted in favor of the professional interests of lawyers, not public concerns. Her examination reveals as much about the presuppositions of legal professionals as it does about the competency of nonlawyer judges to old judicial office. To substantiate her claims, Provine has conducted the most comprehensive survey of nonlawyer and lawyer judges yet undertaken, augmenting this material with court observations and extensive interviews of judges. She integrates the results of this survey into the historical context of the lay versus lawyer judge debate, showing how the legally trained judge came to predominate in the American judicial system and analyzing in detail the campaign both in and out of the courts to make legal training a prerequisite for being a judge. Ultimately, Provine suggests, Americans are too committed to the significance of credentials and to the legal profession's vision of the judicial process to respond very favorably to nonlawyer judges, however well they might perform. Judging Credentials will force lawyers, judges, scholars, and the public to reconsider the role nonlawyer judges play in the American judicial system. Provine's provocative views and exhaustive research adds new dimensions to our understanding of the ethics of professionalism and its consequences.