The Many Legalities of Early America

Author: Christopher L. Tomlins
Publisher: UNC Press Books
ISBN: 9780807839089
Release Date: 2012-12-01
Genre: History

This collection of seventeen original essays reshapes the field of early American legal history not by focusing simply on law, or even on the relationship between law and society, but by using the concept of "legality" to explore the myriad ways in which the people of early America ordered their relationships with one another, whether as individuals, groups, classes, communities, or states. Addressing issues of gender, ethnicity, family, patriarchy, culture, and dependence, contributors explore the transatlantic context of early American law, the negotiation between European and indigenous legal cultures, the multiple social contexts of the rule of law, and the transformation of many legalities into an increasingly uniform legal culture. Taken together, these essays reveal the extraordinary diversity and complexity of the roots of early America's legal culture. Contributors are Mary Sarah Bilder, Holly Brewer, James F. Brooks, Richard Lyman Bushman, Christine Daniels, Cornelia Hughes Dayton, David Barry Gaspar, Katherine Hermes, John G. Kolp, David Thomas Konig, James Muldoon, William M. Offutt Jr., Ann Marie Plane, A. G. Roeber, Terri L. Snyder, and Linda L. Sturtz.

Petty Justice

Author: Paul Craven
Publisher: University of Toronto Press
ISBN: 9781442649910
Release Date: 2014
Genre: History

Until the late nineteenth-century, the most common form of local government in rural England and the British Empire was administration by amateur justices of the peace: the sessions system. Petty Justice uses an unusually well-documented example of the colonial sessions system in Loyalist New Brunswick to examine the role of justices of the peace and other front-line low law officials like customs officers and deputy land surveyors in colonial local government. Using the rich archival resources of Charlotte County, Paul Craven discusses issues such as the impact of commercial rivalries on local administration, the role of low law officials in resolving civil and criminal disputes and keeping the peace, their management of public works, social welfare, and liquor regulation, and the efforts of grand juries, high court judges, colonial governors, and elected governments to supervise them. A concluding chapter explains the demise of the sessions system in Charlotte County in the decade of Confederation.

Darkness Falls on the Land of Light

Author: Douglas L. Winiarski
Publisher: UNC Press Books
ISBN: 9781469628271
Release Date: 2017-02-09
Genre: History

This sweeping history of popular religion in eighteenth-century New England examines the experiences of ordinary people living through extraordinary times. Drawing on an unprecedented quantity of letters, diaries, and testimonies, Douglas Winiarski recovers the pervasive and vigorous lay piety of the early eighteenth century. George Whitefield's preaching tour of 1740 called into question the fundamental assumptions of this thriving religious culture. Incited by Whitefield and fascinated by miraculous gifts of the Holy Spirit--visions, bodily fits, and sudden conversions--countless New Englanders broke ranks with family, neighbors, and ministers who dismissed their religious experiences as delusive enthusiasm. These new converts, the progenitors of today's evangelical movement, bitterly assaulted the Congregational establishment. The 1740s and 1750s were the dark night of the New England soul, as men and women groped toward a restructured religious order. Conflict transformed inclusive parishes into exclusive networks of combative spiritual seekers. Then as now, evangelicalism emboldened ordinary people to question traditional authorities. Their challenge shattered whole communities.

Creating the British Atlantic

Author: Jack P. Greene
Publisher: University of Virginia Press
ISBN: 9780813933917
Release Date: 2013
Genre: History

"In these essays Greene explores the efforts to impose Old World institutions, identities, and values upon the New World societies being created during the colonization process. He shows how transplanted Old World components -- political, legal, and social -- were adapted to meet the demands of new, economically viable, expansive cultural hearths. Green argues that these transplantations and adaptations were of fundamental importance to the formation and evolution of the new American republic and the society it represented."--Page [4] de la couverture.

Foul Means

Author: Anthony S. Parent Jr.
Publisher: UNC Press Books
ISBN: 9780807839133
Release Date: 2003-09-29
Genre: History

Challenging the generally accepted belief that the introduction of racial slavery to America was an unplanned consequence of a scarce labor market, Anthony Parent, Jr., contends that during a brief period spanning the late seventeenth and early eighteenth centuries a small but powerful planter class, acting to further its emerging economic interests, intentionally brought racial slavery to Virginia. Parent bases his argument on three historical developments: the expropriation of Powhatan lands, the switch from indentured to slave labor, and the burgeoning tobacco trade. He argues that these were the result of calculated moves on the part of an emerging great planter class seeking to consolidate power through large landholdings and the labor to make them productive. To preserve their economic and social gains, this planter class inscribed racial slavery into law. The ensuing racial and class tensions led elite planters to mythologize their position as gentlemen of pastoral virtue immune to competition and corruption. To further this benevolent image, they implemented a plan to Christianize slaves and thereby render them submissive. According to Parent, by the 1720s the Virginia gentry projected a distinctive cultural ethos that buffered them from their uncertain hold on authority, threatened both by rising imperial control and by black resistance, which exploded in the Chesapeake Rebellion of 1730.

Freedom Without Violence

Author: Dustin Ells Howes
Publisher: Oxford University Press
ISBN: 9780199337019
Release Date: 2016-02-29
Genre: Political Science

There is a long tradition in Western political thought suggesting that violence is necessary to defend freedom. But nonviolence and civil disobedience have played an equally long and critical role in establishing democratic institutions. Freedom Without Violence explores the long history of political practice and thought that connects freedom to violence in the West, from Athenian democracy and the Roman republic to the Age of Revolutions and the rise of totalitarianism. It is the first comprehensive examination of the idea that violence is necessary to obtain, defend, and exercise freedom. The book also brings to the fore the opposing theme of nonviolent freedom, which can be found both within the Western tradition and among critics of that tradition. Since the plebs first vacated Rome to refuse military service and win concessions from the patricians in 494 B.C., nonviolence and civil disobedience have played a critical role in republics and democracies. Abolitionists, feminists and anti-colonial activists all adopted and innovated the methods of nonviolence. With the advent of the Velvet Revolutions, the end of apartheid in South Africa and, most recently, the Arab Spring, nonviolence has garnered renewed interest in both scholarly publications and the popular imagination. In this book, Dustin Ells Howes traces the intellectual history of freedom as it relates to the concepts and practices of violence and nonviolence. Through a critique and reappraisal of the Western political tradition, Freedom Without Violence constructs a conception of nonviolent freedom. The book argues that cultivating and practicing this brand of freedom is the sine qua non of a vibrant democracy that resists authoritarianism, imperialism and oligarchy.

Rape and Sexual Power in Early America

Author: Sharon Block
Publisher: UNC Press Books
ISBN: 9780807830451
Release Date: 2006
Genre: History

Proposing a new way to map intersections of photography and American literature, Katherine Henninger demonstrates the importance of pinpointing specific cultural and subcultural history. Ordering the Facade traces the visual and literary cultures of southern womanhood that have ordered the image of "the South" from its plantation past to its "postsouthern" present. Assessed in light of these visual legacies, contemporary writing by southern women emerges vividly in Henninger's analysis as both shaped by and shaping these continuously powerful representations. Typically celebrated for their oral traditions, Henninger argues, the South and its literature have in fact primarily relied on visual characteristics such as skin color, gender, or dress to mark social "place" and identity. From postmodern art gallery to family album, photography in southern culture has both reinforced these cultural prejudices and provided potent counterimages. Henninger analyzes photography's literary functions in memoir, fiction, screenwriting, and poetry by a wide range of contemporary authors including Dorothy Allison, Ann Beattie, Rosemary Daniell, Julie Dash, Ronlyn Domingue, Josephine Humphreys, Jill McCorkle, Lee Smith, Natasha Trethewey, Anne Tyler, and Alice Walker. As each of these writers distinctively re-envisions traditional constructions of southern womanhood, Henninger shows, she joins the others in challenging the constrictions of "southern woman" and so changing the meaning of southernness itself.

Pirate Nests and the Rise of the British Empire 1570 1740

Author: Mark G. Hanna
Publisher: UNC Press Books
ISBN: 9781469617954
Release Date: 2015-10-22
Genre: History

Analyzing the rise and subsequent fall of international piracy from the perspective of colonial hinterlands, Mark G. Hanna explores the often overt support of sea marauders in maritime communities from the inception of England's burgeoning empire in the 1570s to its administrative consolidation by the 1740s. Although traditionally depicted as swashbuckling adventurers on the high seas, pirates played a crucial role on land. Far from a hindrance to trade, their enterprises contributed to commercial development and to the economic infrastructure of port towns. English piracy and unregulated privateering flourished in the Pacific, the Caribbean, and the Indian Ocean because of merchant elites' active support in the North American colonies. Sea marauders represented a real as well as a symbolic challenge to legal and commercial policies formulated by distant and ineffectual administrative bodies that undermined the financial prosperity and defense of the colonies. Departing from previous understandings of deep-sea marauding, this study reveals the full scope of pirates' activities in relation to the landed communities that they serviced and their impact on patterns of development that formed early America and the British Empire.

Women of the Republic

Author: Linda K. Kerber
Publisher: UNC Press Books
ISBN: 9780807899847
Release Date: 2000-11-09
Genre: History

Women of the Republic views the American Revolution through women's eyes. Previous histories have rarely recognized that the battle for independence was also a woman's war. The "women of the army" toiled in army hospitals, kitchens, and laundries. Civilian women were spies, fund raisers, innkeepers, suppliers of food and clothing. Recruiters, whether patriot or tory, found men more willing to join the army when their wives and daughters could be counted on to keep the farms in operation and to resist enchroachment from squatters. "I have Don as much to Carrey on the warr as maney that Sett Now at the healm of government," wrote one impoverished woman, and she was right. Women of the Republic is the result of a seven-year search for women's diaries, letters, and legal records. Achieving a remarkable comprehensiveness, it describes women's participation in the war, evaluates changes in their education in the late eighteenth century, describes the novels and histories women read and wrote, and analyzes their status in law and society. The rhetoric of the Revolution, full of insistence on rights and freedom in opposition to dictatorial masters, posed questions about the position of women in marriage as well as in the polity, but few of the implications of this rhetoric were recognized. How much liberty and equality for women? How much pursuit of happiness? How much justice? When American political theory failed to define a program for the participation of women in the public arena, women themselves had to develop an ideology of female patriotism. They promoted the notion that women could guarantee the continuing health of the republic by nurturing public-spirited sons and husbands. This limited ideology of "Republican Motherhood" is a measure of the political and social conservatism of the Revolution. The subsequent history of women in America is the story of women's efforts to accomplish for themselves what the Revolution did not.

Seventeenth Century America

Author: James Morton Smith
Publisher: UNC Press Books
ISBN: 9780807839812
Release Date: 2014-01-01
Genre: History

In this series of provocative essays, nine specialists in early American history examine some of the more important aspects of the seventeenth-century colonial experience, presenting an impressive sampling of modern historical research on such topics as colonists and Indians, people and society, church and state, and history and historians. Originally published 1959. 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.

The Economy of British America 1607 1789

Author: John J. McCusker
Publisher: UNC Press Books
ISBN: 9781469600000
Release Date: 2014-01-01
Genre: History

By the American Revolution, the farmers and city-dwellers of British America had achieved, individually and collectively, considerable prosperity. The nature and extent of that success are still unfolding. In this first comprehensive assessment of where research on prerevolutionary economy stands, what it seeks to achieve, and how it might best proceed, the authors discuss those areas in which traditional work remains to be done and address new possibilities for a 'new economic history.'

Writing Indian Nations

Author: Maureen Konkle
Publisher: Univ of North Carolina Press
ISBN: 9780807875902
Release Date: 2005-11-16
Genre: Social Science

In the early years of the republic, the United States government negotiated with Indian nations because it could not afford protracted wars politically, militarily, or economically. Maureen Konkle argues that by depending on treaties, which rest on the equal standing of all signatories, Europeans in North America institutionalized a paradox: the very documents through which they sought to dispossess Native peoples in fact conceded Native autonomy. As the United States used coerced treaties to remove Native peoples from their lands, a group of Cherokee, Pequot, Ojibwe, Tuscarora, and Seneca writers spoke out. With history, polemic, and personal narrative these writers countered widespread misrepresentations about Native peoples' supposedly primitive nature, their inherent inability to form governments, and their impending disappearance. Furthermore, they contended that arguments about racial difference merely justified oppression and dispossession; deriding these arguments as willful attempts to evade the true meanings and implications of the treaties, the writers insisted on recognition of Native peoples' political autonomy and human equality. Konkle demonstrates that these struggles over the meaning of U.S.-Native treaties in the early nineteenth century led to the emergence of the first substantial body of Native writing in English and, as she shows, the effects of the struggle over the political status of Native peoples remain embedded in contemporary scholarship.

Atlantic Africa and the Spanish Caribbean 1570 1640

Author: David Wheat
Publisher: UNC Press Books
ISBN: 9781469623801
Release Date: 2016-03-09
Genre: History

This work resituates the Spanish Caribbean as an extension of the Luso-African Atlantic world from the late sixteenth to the mid-seventeenth century, when the union of the Spanish and Portuguese crowns facilitated a surge in the transatlantic slave trade. After the catastrophic decline of Amerindian populations on the islands, two major African provenance zones, first Upper Guinea and then Angola, contributed forced migrant populations with distinct experiences to the Caribbean. They played a dynamic role in the social formation of early Spanish colonial society in the fortified port cities of Cartagena de Indias, Havana, Santo Domingo, and Panama City and their semirural hinterlands. David Wheat is the first scholar to establish this early phase of the "Africanization" of the Spanish Caribbean two centuries before the rise of large-scale sugar plantations. With African migrants and their descendants comprising demographic majorities in core areas of Spanish settlement, Luso-Africans, Afro-Iberians, Latinized Africans, and free people of color acted more as colonists or settlers than as plantation slaves. These ethnically mixed and economically diversified societies constituted a region of overlapping Iberian and African worlds, while they made possible Spain's colonization of the Caribbean.

Essays in the History of Early American Law

Author: David H. Flaherty
Publisher: UNC Press Books
ISBN: 9780807839898
Release Date: 2014-01-01
Genre: History

This collection of outstanding essays in the history of early American law is designed to meet the demand for a basic introduction to the literature of colonial and early United States law. Eighteen essays from historical and legal journals by outstanding authorities explore the major themes in American legal history from colonial beginnings to the early nineteenth century. Originally published in 1969. 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.