Originally published by the Macmillan Company in 1960, this book is intended as an introduction to the history of Massachusetts law in the colonial period, 1630ó1650. This volume first traces the evolution of the colony's institutions and instruments of government and, second, describes in broad outline certain aspects of the substantive law that developed in these first two decades.
In this study of the role of taverns in the development of Massachusetts society, David Conroy brings into focus a vital and controversial but little-understood facet of public life during the colonial era. Concentrating on the Boston area, he reveals a popular culture at odds with Puritan social ideals, one that contributed to the transformation of Massachusetts into a republican society. Public houses were an integral part of colonial community life and hosted a variety of official functions, including meetings of the courts. They also filled a special economic niche for women and the poor, many of whom turned to tavern-keeping to earn a living. But taverns were also the subject of much critical commentary by the clergy and increasingly restrictive regulations. Conroy argues that these regulations were not only aimed at curbing the spiritual corruption associated with public houses but also at restricting the popular culture that had begun to undermine the colony's social and political hierarchy. Specifically, Conroy illuminates the role played by public houses as a forum for the development of a vocal republican citizenry, and he highlights the connections between the vibrant oral culture of taverns and the expanding print culture of newspapers and political pamphlets in the eighteenth century.
Roger Williams, founder of the colony of Rhode Island, is famous as an apostle of religious tolerance and a foe of religious establishments. In Separating Church and State, Timothy Hall combines impressive historical and legal scholarship to explore Williams's theory of religious liberty and relate it to current debate. Williams's fierce religious dogmaticism, Hall argues, is precisely what led to his religious tolerance, making him one of the most articulate champions of the argument for the necessary separation of church and state. "Both timely and provocative. . . . Offers Williams's largely overlooked but deeply important perspective on the peaceful coexistence of committed believers of diverse faiths. The book also brings into question crucial tenets of the United States Supreme Court's First Amendment religion clause jurisprudence at a time when many are raising questions about it." -- Marci A. Hamilton, Benjamin N. Cardozo School of Law, New York City "Hall has the entire Williams corpus under his command, and he plays the relevant texts like a master organist. He also has the legal corpus equally at his fingertips. One of the great strengths of his book is that it bridges the too often separate fields of history and jurisprudence." -- Edwin Gaustad, author of Liberty of Conscience: Roger Williams in America
Republishes articles by two senior legal historians. Besides summarizing what has now become classical literature in the field, it offers illuminating insight into what it means to be a professional legal historian.
Deals with four themes: common law and its rivals, the growth in parliamentary authority, the assertion of royal authority, and royal authority and the governed.
The minimum of violence accompanying the success of the American Revolution resulted in large part, argues this book, from the conditions of law the British allowed in the American colonies. By contrast, Ireland's struggle for independence was prolonged, bloody, and bitter largely because of the repressive conditions of law imposed by Britain. Examining the most rebellious American colony, Massachusetts Bay, Professor Reid finds that law was locally controlled while imperial law was almost nonexistent as an influence on the daily lives of individuals. In Ireland the same English common law, because of imperial control of legal machinery, produced an opposite result. The Irish were forced to resort to secret, underground violence. The author examines various Massachusetts Bay institutions to show the consequences of whig party control, in contrast to the situation in 18th-century Ireland. A general conclusion is that law, the conditions of positive law, and the matter of who controls the law may have more significant effects on the course of events than is generally assumed.
A Short History of European Law brings to life 2,500 years of legal history, tying current norms to the circumstances of their conception. Tamar Herzog describes how successive legal systems built upon one another, from ancient times through the European Union. Roman law formed the backbone of each configuration, though the way it was used and reshaped varied dramatically from one century and place to the next. Only by considering Continental civil law and English common law together do we see how they drew from and enriched this shared tradition. “A remarkable achievement, sure to become a go-to text for scholars and students alike... A must-read for anyone eager to understand the origins of core legal concepts and institution—like due process and rule of law—that profoundly shape the societies in which we live today.” —Amalia D. Kessler, Stanford University “A fundamental and timely contribution to the understanding of Europe as seen through its legal systems. Herzog masterfully shows the profound unity of legal thinking and practices across the Continent and in England.” —Federico Varese, Oxford University “Required reading for Americanists North and South, and indeed, for all of us inhabiting a postcolonial world deeply marked by the millennia of legal imaginings whose dynamic transformations it so lucidly charts.” —David Nirenberg, University of Chicago
The utterly absorbing real story of the lives of the Pilgrims, whose desires and foibles may be more recognizable to us than they first appear. Americans have been schooled to believe that their forefathers, the Pilgrims, were somber, dark-clad, pure-of-heart figures who conceived their country on the foundation of piety, hard work, and the desire to live simply and honestly. But the truth is far from the portrait painted by decades of historians. They wore brightly colored clothing, often drank heavily, believed in witches, had premarital sex and adulterous affairs, and committed petty and serious crimes against their neighbors in surprisingly high numbers. Beginning by debunking the numerous myths that surround the landing of the Mayflower and the first Thanksgiving, James Deetz and Patricia Scott Deetz lead us through court transcripts, wills, probate listings, and rare firsthand accounts, as well as archaeological finds, to reveal the true story of life in colonial America.
