The Common Law in Colonial America

The Common Law in Colonial America

Author: William E. Nelson

Publisher: Oxford University Press

Published: 2008-08-05

Total Pages: 212

ISBN-13: 0199716714

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Drawing on groundbreaking and overwhelmingly extensive research into local court records, The Common Law in Colonial America proposes a "new beginning" in the study of colonial legal history, as it charts the course of the common law in Early America, to reveal how the models of law that emerged differed drastically from that of the English common law. In this first volume, Nelson explores how the law of the Chesapeake colonies--Virginia and Maryland--differed from the New England colonies--Massachusetts Bay, Connecticut, New Haven, Plymouth, and Rhode Island--and looks at the differences between the colonial legal systems within the two regions, from their initial settlement until approximately 1660.


The Common Law in Colonial America

The Common Law in Colonial America

Author: William Edward Nelson

Publisher: Oxford University Press

Published: 2018

Total Pages: 225

ISBN-13: 0190850485

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William E. Nelson here proposes a new beginning in the study of colonial legal history. Examining all archival legal material for the period 1607-1776 and synthesizing existing scholarship in a four-volume series, The Common Law in Colonial America shows how the legal systems of Britain's thirteen North American colonies--initially established in response to divergent political, economic, and religious initiatives--slowly converged into a common American legal order that differed substantially from English common law.


The Origins of Adversary Criminal Trial

The Origins of Adversary Criminal Trial

Author: John H. Langbein

Publisher: Oxford University Press, USA

Published: 2003

Total Pages: 378

ISBN-13: 0199258880

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The lawyer-dominated adversary system of criminal trial, which now typifies practice in Anglo-American legal systems, was developed in England in the 18th century. This text shows how and why lawyers were able to capture the trial.


Historicism, Originalism and the Constitution

Historicism, Originalism and the Constitution

Author: Patrick J. Charles

Publisher: McFarland

Published: 2014-05-02

Total Pages: 272

ISBN-13: 0786479310

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The use of history in law is a time honored tradition. Over the years the practice has assumed many forms, including historicism, intentionalism, interpretivist history, law office history, historical narrative, originalism, etc. This book picks up where past commentators have left off. The different historically based approaches to adjudicating constitutional questions are weighed and considered, particularly originalism, and asserts that history in law is legitimate only if it leads to accurate results. The book then purposes an approach to accomplish the objectives of historical accuracy and objectivity, and therefore legitimacy.


Black Trials

Black Trials

Author: Mark S. Weiner

Publisher: Vintage

Published: 2007-12-18

Total Pages: 450

ISBN-13: 0307425037

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From a brilliant young legal scholar comes this sweeping history of American ideas of belonging and citizenship, told through the stories of fourteen legal cases that helped to shape our nation. Spanning three centuries, Black Trials details the legal challenges and struggles that helped define the ever-shifting identity of blacks in America. From the well-known cases of Plessy v. Ferguson and the Clarence Thomas confirmation hearings to the more obscure trial of Joseph Hanno, an eighteenth-century free black man accused of murdering his wife and bringing smallpox to Boston, Weiner recounts the essential dramas of American identity—illuminating where our conception of minority rights has come from and where it might go. Significant and enthralling, these are the cases that forced the courts and the country to reconsider what it means to be black in America, and Mark Weiner demonstrates their lasting importance for our society.


The Machinery of Criminal Justice

The Machinery of Criminal Justice

Author: Stephanos Bibas

Publisher: Oxford University Press, USA

Published: 2012-04-26

Total Pages: 318

ISBN-13: 0195374681

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Two centuries ago the criminal justice system was primarily run by laymen. In court, victims and defendants interacted face to face while lay jurors from the community sat in judgment. Jury trials passed moral judgment on crimes, vindicated victims and innocent defendants, denounced guilty defendants, and reconciled and healed wounded relationships. But over the last two centuries, lawyers have taken over the process, silencing victims and defendants and, in many cases, substituting a plea-bargaining system for voice of the jury. This lawyerized machinery has purchased efficient, speedy processing of many cases at the price of sacrificing softer values, such as reforming defendants and healing wounded victims and relationships. In other words, the U.S. legal system has bought quantity at the price of quality, without recognizing either the trade-off or the great gulf separating lawyers' and laymen's incentives, interests, values, and powers. The Machinery of Criminal Justice explores these trends and considers how criminal justice could better accommodate lay participation, values, and relationships.