This work contains the legal contributions and observations of Hugh Henry Brackenridge, Pennsylvania Supreme Court judge, teacher, preacher, publisher, gazetteer, lawyer, and fiction writer who reached the pinnacle of his career during the Jeffersonian era. Brackenridge's body of legal thought is juxtaposed with the published lectures of James Wilson, the commentaries on Blackstone by St. George Tucker, and selections from The Federalist Papers. Contents: Modern Chivalry: The Early Books; Modern Chivalry: The Later Books; Overview of Law Miscellanies; Selected State Supreme Court Cases; Concluding Thoughts.
Like Don Quixote, Sterne's Tristram Shandy, and Fielding's Tom Jones, Modern Chivalry is a tale of adventuring, episodic and exciting. Despite the author's European inspirations, it is a distinctively American book, not just because of its homespun, native characters and slapstick humor, but also because it is a narrative of journeying and questing. As it follows Captain Farrago and his sidekick on their travels, the book's premise becomes clear--that democracy as practiced in America is valuable and worthy, but that it is subject to malfunctions when tinkered with by unfit men. A pointed caricature of American life, Modern Chivalry will be of great value to all interested in American history and literature.
It was only after serving as a chaplain in the American Revolution, playing an important role in the Whiskey Rebellion, and serving (often controversially) on the Pennsylvania Supreme Court, that Hugh Henry Brackenridge composed his great comic epic. Published in installments over the twenty-eight–year period beginning with Washington's presidency ending with that of Madison, this irreverent and ribald novel, relating the misadventures of Captain Farrago and his sidekick, Teague O'Regan, leaves no major ethnic, racial, religious, or political issue of the period unscathed.
The role of religion in early American literature has been endlessly studied; the role of the law has been virtually ignored. Robert A. Ferguson's book seeks to correct this imbalance. With the Revolution, Ferguson demonstrates, the lawyer replaced the clergyman as the dominant intellectual force in the new nation. Lawyers wrote the first important plays, novels, and poems; as gentlemen of letters they controlled many of the journals and literary societies; and their education in the law led to a controlling aesthetic that shaped both the civic and the imaginative literature of the early republic. An awareness of this aesthetic enables us to see works as diverse as Jefferson's Notes on the State of Virginia and Irving's burlesque History of New York as unified texts, products of the legal mind of the time. The Declaration of Independence, the Constitution, and the great political orations were written by lawyers, and so too were the literary works of Trumbull, Tyler, Brackenridge, Charles Brockden Brown, William Cullen Bryant, Richard Henry Dana, Jr., and a dozen other important writers. To recover the original meaning and context of these writings is to gain new understanding of a whole era of American culture. The nexus of law and letters persisted for more than a half-century. Ferguson explores a range of factors that contributed to its gradual dissolution: the yielding of neoclassicism to romanticism; the changing role of the writer; the shift in the lawyer's stance from generalist to specialist and from ideological spokesman to tactician of compromise; the onslaught of Jacksonian democracy and the problems of a country torn by sectional strife. At the same time, he demonstrates continuities with the American Renaissance. And in Abraham Lincoln he sees a memorable late flowering of the earlier tradition.
On the great influence of a valiant lord: "The companions, who see that good warriors are honored by the great lords for their prowess, become more determined to attain this level of prowess." On the lady who sees her knight honored: "All of this makes the noble lady rejoice greatly within herself at the fact that she has set her mind and heart on loving and helping to make such a good knight or good man-at-arms." On the worthiest amusements: "The best pastime of all is to be often in good company, far from unworthy men and from unworthy activities from which no good can come." Enter the real world of knights and their code of ethics and behavior. Read how an aspiring knight of the fourteenth century would conduct himself and learn what he would have needed to know when traveling, fighting, appearing in court, and engaging fellow knights. Composed at the height of the Hundred Years War by Geoffroi de Charny, one of the most respected knights of his age, A Knight's Own Book of Chivalry was designed as a guide for members of the Company of the Star, an order created by Jean II of France in 1352 to rival the English Order of the Garter. This is the most authentic and complete manual on the day-to-day life of the knight that has survived the centuries, and this edition contains a specially commissioned introduction from historian Richard W. Kaeuper that gives the history of both the book and its author, who, among his other achievements, was the original owner of the Shroud of Turin.
American Literature Before 1880 attempts to place its subject in the broadest possible international perspective. It begins with Homer looking westward, and ends with Henry James crossing the Atlantic eastwards. In between, the book examines the projection of images of the East onto an as-yet unrecognised West; the cultural consequences of Viking, Colombian, and then English migration to America; the growth and independence of the British American colonies; the key writers of the new Republic; and the development of the culture of the United States before and after the Civil War. It is intended both as an introduction for undergraduates to the richness and variety of American Literature, and as a contribution to the debate about its distinctive nature. The book therefore begins with a lengthy survey of earlier histories of American Literature.
This book is the first to gather in a single volume concise biographies of the most eminent men and women in the history of American law. Encompassing a wide range of individuals who have devised, replenished, expounded, and explained law, The Yale Biographical Dictionary of American Law presents succinct and lively entries devoted to more than 700 subjects selected for their significant and lasting influence on American law. Casting a wide net, editor Roger K. Newman includes individuals from around the country, from colonial times to the present, encompassing the spectrum of ideologies from left-wing to right, and including a diversity of racial, ethnic, and religious groups. Entries are devoted to the living and dead, the famous and infamous, many who upheld the law and some who broke it. Supreme Court justices, private practice lawyers, presidents, professors, journalists, philosophers, novelists, prosecutors, and others--the individuals in the volume are as diverse as the nation itself. Entries written by close to 600 expert contributors outline basic biographical facts on their subjects, offer well-chosen anecdotes and incidents to reveal accomplishments, and include brief bibliographies. Readers will turn to this dictionary as an authoritative and useful resource, but they will also discover a volume that delights and entertains. Listed in The Yale Biographical Dictionary of American Law: John Ashcroft Robert H. Bork Bill Clinton Ruth Bader Ginsburg Patrick Henry J. Edgar Hoover James Madison Thurgood Marshall Sandra Day O'Connor Janet Reno Franklin D. Roosevelt Julius and Ethel Rosenberg John T. Scopes O. J. Simpson Alexis de Tocqueville Scott Turow And more than 700 others
Backcountry Democracy and the Whiskey Insurrection treats the legal culture that informed the Whiskey Rebellion of 1794 and its trials. Linda Myrsiades examines conflicts between state and federal courts and the judicial philosophy of Federalist judges, as well as grand jury charges, law reports, judges’ bench notes, and defense notes for the trials, to develop a portrait of the hegemony of official interpretations of the law. At the same time, the book illuminates popular attitudes about the courts and the law and explores the nature of extralegal courts operated by the people. Myrsiades captures the agitation-propaganda efforts mounted by rebel communities and groups together with petitions and speeches in the rebel assemblies in demonstrating that popular culture offered a clear politico-legal justification within the rebel movement on the unofficial side of legal culture. Myrsiades thus presents a holistic picture of the legal culture of the rebellion. Her examination denies the common perception that the rebel movement was incoherent and chaotic and presents an alternative view that its perceptions are a necessary correlative to understanding how treason law functioned and what its critical elements were in the late-eighteenth century, serving as a lesson for democracy in the present era.
Law and Medicine in Revolutionary America: Dissecting the Rush v. Cobbett Trial, 1799 offers the first deep analysis of the most important libel trial in post-revolutionary America and an approach to understanding a much-studied revolutionary figure, Benjamin Rush, in a new light as a legal subject. This libel trial faced off the new nation's most prestigious physician-patriot, Benjamin Rush, against its most popular journalist, William Cobbett, the editor of Porcupine's Gazette. Studied by means of a rare and substantial surviving transcript, the trial features six litigating counsel whose narrative of events and roles provides a unique view of how the revolutionary generation saw itself and the legacy it wished to leave to its progeny. The trial is structured by assaults against medical bleeding and its premier practitioner in yellow fever epidemics of the 1790s in Philadelphia, on the one hand, and castigates the licentiousness of the press in the nation's then-capital city, on the other. As it does so, it exemplifies the much-derided litigiousness of the new nation and the threat of sedition that characterized the development of political parties and the partisan press in late eighteenth-century America.
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
