Celebrated accounts of lawless towns that relied on the extra-legal justice of armed citizens and hired gunmen are part of the enduring cultural legacy of the American West. This work presents a case study of law and legal culture in Lincoln County, Nebraska, during the nineteenth century. It also examines legal institutions on the Great Plains.
Never Caught Twice offers a comprehensive cross-cultural study of horse theft as a crime, a transactional activity, and an intercultural phenomenon on the Great Plains of western Nebraska.
Until the early twentieth century, printed invitations to executions issued by lawmen were a vital part of the ritual of death concluding a criminal proceeding in the United States. In this study, Gordon Morris Bakken invites readers to an understanding of the death penalty in America with a collection of essays that trace the history and politics of this highly charged moral, legal, and cultural issue. Bakken has solicited essays from historians, political scientists, and lawyers to ensure a broad treatment of the evolution of American cultural attitudes about crime and capital punishment. Part one of this extensive analysis focuses on politics, legal history, multicultural issues, and the international aspects of the death penalty. Part two offers a regional analysis with essays that put death penalty issues into a geographic and cultural context. Part three focuses on specific states with emphasis on the need to understand capital punishment in terms of state law development, particularly because states determine on whom the death penalty will be imposed. Part four examines the various means of death, from hanging to lethal injection, in state law case studies. And finally, part five focuses on the portrayal of capital punishment in popular culture.
Taking the form of two companion volumes, Police Courts in Nineteenth-Century Scotland represents the first major investigation into the administration, experience, impact and representation of summary justice in Scottish towns, c.1800 to 1892. Each volume explores diverse, but complementary, themes relating to judicial practices, relationships, experiences and discourses through the lens of the same subject matter: the police court. Volume 1, with the subtitle Magistrates, Media and the Masses, provides an institutional, social and cultural history of the establishment, development and practice of police courts. It explores their rise, purpose and internal workings, and how justice was administered and experienced by those who attended them in a variety of roles. Special attention is given to examining how courtroom discourse was represented in print culture, the role of the media in providing a discursive commentary on summary justice, and the ways in which magistrates and the police engaged in a law and order dialogue with the press. Throughout, consideration is given to uncovering the relationship between magistrates, the courts, the police and the wider community, and to charting the implications of the rise of summary justice and the ’police-man’ state for the urban masses (as evidenced through prosecution, conviction and punishment patterns). Volume 2, with the subtitle Boundaries, Behaviours and Bodies, explores, through themed case studies, how police courts shaped conceptual, spatial, temporal and commercial boundaries by regulating every-day activities, pastimes and cultures.
Taking the form of two companion volumes, Police Courts in Nineteenth-Century Scotland represents the first major investigation into the administration, experience, impact and representation of summary justice in Scottish towns, c.1800 to 1892. Each volume explores diverse, but complementary, themes relating to judicial practices, relationships, experiences and discourses through the lens of the same subject matter: the police court. Volume 1, subtitled Magistrates, Media and the Masses, provides an institutional, social and cultural history of the establishment, development and practice of police courts. It explores their rise, purpose and internal workings, and how justice was administered and experienced by those who attended them in a variety of roles. Special attention is given to examining how courtroom discourse was represented in print culture, the role of the media in providing a discursive commentary on summary justice, and the ways in which magistrates and the police engaged in a law and order dialogue with the press. Throughout, consideration is given to uncovering the relationship between magistrates, the courts, the police and the wider community, and to charting the implications of the rise of summary justice and the ’police-man’ state for the urban masses (as evidenced through prosecution, conviction and punishment patterns). Volume 2, subtitled Boundaries, Behaviours and Bodies, examines, through themed case studies, how these civic and judicial institutions shaped conceptual, spatial, temporal and commercial boundaries by regulating every-day activities, pastimes and cultures. As with Volume 1, Boundaries, Behaviours and Bodies is attentive to the relationship between magistrates, the police, the media and the wider community, but here the main focus of analysis is on the role and impact of the police courts, through their practice, on cultural ideas, social behaviours and environments in the nineteenth-century city.
American democratic ideals, civic republicanism, public morality, and Christianity were the dominant forces at work during South Dakota’s formative decade. What? In our cynical age, such a claim seems either remarkably naïve or hopelessly outdated. Territorial politics in the late-nineteenth-century West is typically viewed as a closed-door game of unprincipled opportunism or is caricatured, as in the classic film The Man Who Shot Liberty Valance, as a drunken exercise in bombast and rascality. Now Jon K. Lauck examines anew the values we like to think were at work during the founding of our western states. Taking Dakota Territory as a laboratory for examining a formative stage of western politics, Lauck finds that settlers from New England and the Midwest brought democratic practices and republican values to the northern plains and invoked them as guiding principles in the drive for South Dakota statehood. Prairie Republic corrects an overemphasis on class conflict and economic determinism, factors posited decades ago by such historians as Howard R. Lamar. Instead, Lauck finds South Dakota’s political founders to be agents of Protestant Christianity and of civic republicanism—an age-old ideology that entrusted the polity to independent, landowning citizens who placed the common interest above private interest. Focusing on the political culture widely shared among settlers attracted to the Great Dakota Boom of the 1880s, Lauck shows how they embraced civic virtue, broad political participation, and agrarian ideals. Family was central in their lives, as were common-school education, work, and Christian community. In rescuing the story of Dakota’s settlers from historical obscurity, Prairie Republic dissents from the recent darker portrayal of western history and expands our view and understanding of the American democratic tradition.
In the aftermath of the Civil War, legislators in the Nebraska Territory grappled with the responsibility of forming a state government as well as with the larger issues of reconstructing the Union, protecting civil rights, and redefining federal-state relations. In the years that followed, Nebraskans coped with regional and national economic collapses. Nebraska women struggled for full recognition in the legal profession. Meyer v. Nebraska, a case involving a teacher in a one-room rural Nebraska schoolhouse, changed the course of American constitutional doctrine and remains one of the cornerstones of civil liberties law. And Roscoe Pound, a boy from Lincoln, went on to become one of the nation's great legal philosophers. Nebraska holds a prominent position in the field of Native American legal history, and the state's original inhabitants have been at the center of many significant developments in federal Indian policy. Nebraska Indian legal history is replete with stories of failure and success, heartache and triumph, hardship and hope. These stories are more than a mere record of the past, of treaties broken or trials won -- they are reminders of the ongoing and sometimes tense relations among the many peoples and nations that make up the heartland. Much of Nebraska law reflects mainstream American law, yet Nebraskans also have been open to experiment and innovation. The state revamped the legislative process by establishing the nation's only unicameral legislature and pioneered public employment collective bargaining and dispute resolution through its industrial relations commission and its relaxation of strict separation of powers. These seemingly contradictory trends, however, are but differing expressions of a single underlying principle inscribed in the state's motto: "Equality Before the Law."
Renowned legal historian Lawrence Friedman presents an accessible and authoritative history of American law from the colonial era to the present day. This fully revised fourth edition incorporates the latest research to bring this classic work into the twenty-first century. In addition to looking closely at timely issues like race relations, the book covers the changing configurations of commercial law, criminal law, family law, and the law of property. Friedman furthermore interrogates the vicissitudes of the legal profession and legal education. The underlying theory of this eminently readable book is that the law is the product of society. In this way, we can view the history of the legal system through a sociological prism as it has evolved over the years.
Through the late nineteenth and early twentieth centuries, employers and powerful individuals deployed a variety of tactics to control ordinary people as they sought to secure power in and out of workplaces. In the face of worker resistance, employers and their allies collaborated to use a variety of extralegal repressive techniques, including whippings, kidnappings, drive-out campaigns, incarcerations, arsons, hangings, and shootings, as well as less overtly illegal tactics such as shutting down meetings, barring speakers from lecturing through blacklists, and book burning. This book draws together the groups engaged in this kind of violence, reimagining the original Ku Klux Klan, various Law and Order Leagues, Stockgrowers' organizations, and Citizens' Alliances as employers' associations driven by unambiguous economic and managerial interests. Though usually discussed separately, all of these groups used similar language to tar their lower-class challengers—former slaves, rustlers, homesteaders of modest means, populists, political radicals, and striking workers—as menacing villains and deployed comparable tactics to suppress them. And perhaps most notably, spokespersons for these respective organizations justified their actions by insisting that they were committed to upholding "law and order." Ultimately, this book suggests that the birth of law and order politics as we know it can be found in nineteenth-century campaigns of organized terror against an assortment of ordinary people across racial lines conducted by Klansmen, lawmen, vigilantes, and union busters.
Since the days of the wild West, Montanans have struggled to be "tough on crime" with limited resources. During Montana’s early territorial years, "criminal justice" was almost nonexistent: a few towns had inadequate and chronically overcrowded jails; occasional prisoners were sent east to the federal penitentiary in Detroit; and vigilantes summarily dealt with others suspected of crimes. In 1871, the federal government funded a penitentiary in Deer Lodge that was turned over to Montana when it achieved statehood in 1889. In this absorbing book, Keith Edgerton provides a social history of the Montana Penitentiary, with a primary focus on its early, formative years. After statehood, Montana leased its penitentiary to contractors, who utilized cheap inmate labor to turn a profit for themselves and for the state. Warden Frank Conley became a regional political boss and amassed a personal fortune, using inmates for road construction and a variety of public and private projects. Eventually, charges of corruption led to his ouster by Governor Joseph M. Dixon and sparked a trial and heated controversy that resulted in Dixon’s political downfall. After 1921 the prison system came under full control of the state government. Although there were changes at the penitentiary during the rest of the twentieth century--and two full-scale riots in the 1950s--there was also a depressing repetition of corruption, neglect, and underfunding.
