Prison and Plantation
Prison and Plantation

Author: Michael S. Hindus

Publisher: UNC Press Books

Published: 2017-11-01

Total Pages: 313

ISBN-13: 0807836095

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This broad, comparative study examines the social, economic, and legal contexts of crime and authority in two vastly different states over a one hundred year period. Massachusetts--an urban, industrial, and heterogeneous northern state--chose the penitentiary in its attempt to minimize the role of informal and extralegal authority while South Carolina--a rural southern slave state--systematically reduced its formal legal institutions, frequently relying on vigilantism. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.

Common Law, History, and Democracy in America, 1790–1900
Common Law, History, and Democracy in America, 1790–1900

Author: Kunal M. Parker

Publisher: Cambridge University Press

Published: 2011-03-14

Total Pages: 319

ISBN-13: 1139496360

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This book argues for a change in our understanding of the relationships among law, politics and history. Since the turn of the nineteenth century, a certain anti-foundational conception of history has served to undermine law's foundations, such that we tend to think of law as nothing other than a species of politics. Thus viewed, the activity of unelected, common law judges appears to be an encroachment on the space of democracy. However, Kunal M. Parker shows that the world of the nineteenth century looked rather different. Democracy was itself constrained by a sense that history possessed a logic, meaning and direction that democracy could not contravene. In such a world, far from law being seen in opposition to democracy, it was possible to argue that law - specifically, the common law - did a better job than democracy of guiding America along history's path.