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 Making of American Whiteness

The Making of American Whiteness

Author: Carmen P. Thompson

Publisher: Rowman & Littlefield

Published: 2022-11-22

Total Pages: 183

ISBN-13: 1666923222

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The Making of American Whiteness: The Formation of Race in Seventeenth-Century Virginia changes the narrative about the origins of race and Whiteness in America. With an exhaustive array of archival documents, Carmen P. Thompson demonstrates not only that Whiteness predates European expansion to the Americas as evidenced in their participation in the transatlantic slave trade since the fifteenth century, but more importantly that it was the principal dynamic in the settlement of Virginia, the first colony in what would become the United States of America. And just as the system of White supremacy was the principal framework that fueled the transatlantic slave trade, it likewise was the framework that drove the organization of civil society in Virginia, including the organization and structure of the colony’s laws, social, political, and economic policies as well as its system of governance. The book shows what Whiteness looked like in everyday life in the early seventeenth century, in a way eerily prescient to Whiteness today.


E Pluribus Unum

E Pluribus Unum

Author: William E. Nelson

Publisher: Oxford University Press

Published: 2019-06-03

Total Pages: 289

ISBN-13: 0190880813

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The colonies that comprised pre-revolutionary America had thirteen legal systems and governments. Given their diversity, how did they evolve into a single nation? In E Pluribus Unum, the eminent legal historian William E. Nelson explains how this diverse array of legal orders gradually converged over time, laying the groundwork for the founding of the United States. From their inception, the colonies exercised a range of approaches to the law. For instance, while New England based its legal system around the word of God, Maryland followed the common law tradition, and New York adhered to Dutch law. Over time, though, the British crown standardized legal procedure in an effort to more uniformly and efficiently exert control over the Empire. But, while the common law emerged as the dominant system across the colonies, its effects were far from what English rulers had envisioned. E Pluribus Unum highlights the political context in which the common law developed and how it influenced the United States Constitution. In practice, the triumph of the common law over competing approaches gave lawyers more authority than governing officials. By the end of the eighteenth century, many colonial legal professionals began to espouse constitutional ideology that would mature into the doctrine of judicial review. In turn, laypeople came to accept constitutional doctrine by the time of independence in 1776. Ultimately, Nelson shows that the colonies' gradual embrace of the common law was instrumental to the establishment of the United States. Not simply a masterful legal history of colonial America, Nelson's magnum opus fundamentally reshapes our understanding of the sources of both the American Revolution and the Founding.


Bridging the Early Modern Atlantic World

Bridging the Early Modern Atlantic World

Author: Caroline A. Williams

Publisher: Routledge

Published: 2016-04-15

Total Pages: 276

ISBN-13: 1317172515

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Bridging the Early Modern Atlantic World brings together ten original essays by an international group of scholars exploring the complex outcomes of the intermingling of people, circulation of goods, exchange of information, and exposure to new ideas that are the hallmark of the early modern Atlantic. Spanning the period from the earliest French crossings to Newfoundland at the beginning of the sixteenth century to the end of the wars of independence in Spanish South America, c. 1830, and encompassing a range of disciplinary approaches, the contributors direct particular attention to regions, communities, and groups whose activities in, and responses to, an ever-more closely bound Atlantic world remain relatively under-represented in the literature. Some of the chapters focus on the experience of Europeans, including French consumers of Newfoundland cod, English merchants forming families in Spanish Seville, and Jewish refugees from Dutch Brazil making the Caribbean island of Nevis their home. Others focus on the ways in which the populations with whom Europeans came into contact, enslaved, or among whom they settled - the Tupi peoples of Brazil, the Kriston women of the west African port of Cacheu, among others - adapted to and were changed by their interactions with previously unknown peoples, goods, institutions, and ideas. Together with the substantial Introduction by the editor which reviews the significance of the field as a whole, these essays capture the complexity and variety of experience of the countless men and women who came into contact during the period, whilst highlighting and illustrating the porous and fluid nature, in practice, of the early modern Atlantic world.


Social Dramas

Social Dramas

Author: David A. Postles

Publisher: New Acdemia+ORM

Published: 2010-11-22

Total Pages: 201

ISBN-13: 1955835225

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How the repeated social tropes and paradigms of the City comedies give us an in-depth look into everyday London society in the early 17th-century. Although literature is often assumed to belong to the sphere of representation rather than constituting an accurate reflection of social reality, early-modern English drama can tell us much about social attitudes in the early seventeenth century. The City comedies were, in particular, composed by authors who were embedded in the mundane social existence of London, in its quotidian transactions and exchanges, in its less salubrious contexts of debt, drinking, death and incarceration. To elucidate the complex social attitudes of the City urban elite, five particular themes are explored: the symbolism of attire; matrimonial talk; the use of money (coin) as metaphor and metonymy; “over-exuberance” towards the opportunity of the “New World”; and continuing differences of speech and customary language use. Although the dramatists had slightly differing allegiances, their commentaries all illuminate “middling” society in the City of London. “This new work by David Postles raises important questions in an innovative manner. It will certainly be welcomed by the historical community.” —Bernard Capp, FBA, Dept of History, University of Warwick “David Postles is one of the most innovative social historians writing today.” —Nigel Goose, Professor of Social and Economic History, University of Hertfordshire “This book will be significant reading for all those working in the field. It will be warmly received by readers and reviewers, and will remain a work of reference for scholars and students for the future.” —Greg Walker, Regius Professor of Rhetoric and English Literature, University of Edinburgh


The Free Negro in Virginia 1619-1865

The Free Negro in Virginia 1619-1865

Author: John H. Russell

Publisher: Cosimo, Inc.

Published: 2009-01-01

Total Pages: 198

ISBN-13: 1605206539

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It is one of the least commonly known facts about the Civil War: there were many, many free negroes living in slaveholding states before the Emancipation Proclamation. This monograph on that surprising reality, originally published in 1913, draws on such firsthand documents as court records, contemporary literature and newspaper accounts, and other sources to create the first such portrait of this nearly forgotten chapter of African-American history. From the various origins of the "free negro" classes to their legal and social statuses-regarding everything from their right of travel to their relationship with their enslaved fellows-this "should supply some of the facts upon which the history of the negro race in the United States must be based," wrote author JOHN HENDERSON RUSSELL (b. 1884) in his preface.