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Justice In Blue And Gray

Author: Stephen C. Neff
Publisher: Harvard University Press
ISBN: 9780674054363
Size: 53.67 MB
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Stephen Neff offers the first comprehensive study of the wide range of legal issues arising from the American Civil War, many of which resonate in debates to this day. Neff examines the lawfulness of secession, executive and legislative governmental powers, and laws governing the conduct of war. Whether the United States acted as a sovereign or a belligerent had legal consequences, including treating Confederates as rebellious citizens or foreign nationals in war. Property questions played a key role, especially when it came to the process of emancipation. Executive detentions and trials by military commissions tested civil liberties, and the end of the war produced a raft of issues on the status of the Southern states, the legality of Confederate acts, clemency, and compensation. A compelling aspect of the book is the inclusion of international law, as Neff situates the conflict within the general laws of war and details neutrality issues, where the Civil War broke important new legal ground. This book not only provides an accessible and informative legal portrait of this critical period but also illuminates how legal issues arise in a time of crisis, what impact they have, and how courts attempt to resolve them.

Law And Religion In American History

Author: Mark Douglas McGarvie
Publisher: Cambridge University Press
ISBN: 1107150930
Size: 48.74 MB
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This book furthers dialogue on the separation of church and state with an approach that emphasizes intellectual history and the constitutional theory that underlies American society. Mark D. McGarvie explains that the founding fathers of America considered the right of conscience to be an individual right, to be protected against governmental interference. While the religion clauses enunciated this right, its true protection occurred in the creation of separate public and private spheres. Religion and the churches were placed in the private sector. Yet, politically active Christians have intermittently mounted challenges to this bifurcation in calling for a greater public role for Christian faith and morality in American society. Both students and scholars will learn much from this intellectual history of law and religion that contextualizes a four-hundred-year-old ideological struggle.

Making Foreigners

Author: Kunal M. Parker
Publisher: Cambridge University Press
ISBN: 1107030218
Size: 75.44 MB
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Connects the history of immigration with histories of Native Americans, African Americans, women, the poor, Latino/a Americans and Asian Americans.

Changes In Law And Society During The Civil War And Reconstruction

Author: Christian G. Samito
Publisher: SIU Press
ISBN: 9780809328895
Size: 69.35 MB
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The first comprehensive collection of legal history documents from the Civil War and Reconstruction, this volume shows the profound legal changes that occurred during the Civil War era and highlights how law, society, and politics inextricably mixed and set American legal development on particular paths that were not predetermined. Editor Christian G. Samito has carefully selected excerpts from legislation, public and legislative debates, court cases, investigations of white supremacist violence in the South, and rare court-martial records, added his expert analysis, and illustrated the selections with telling period artwork to create an outstanding resource that demonstrates the rich and important legal history of the era.

The State And The Unions

Author: Christopher L. Tomlins
Publisher: CUP Archive
ISBN: 9780521314527
Size: 23.32 MB
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This 1985 book offers a critical examination of the impact of the National Labor Relations Act on American unions. Dr Tomlins examines both the laws from the late nineteenth century and the history of the act's passage. He shows how public policy confined labour's role in the American economy and the problems faced by unions that stem from these laws.

Scarlett Doesn T Live Here Anymore

Author: Laura F. Edwards
Publisher: University of Illinois Press
ISBN: 9780252072185
Size: 16.21 MB
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Focusing on women - white and black, rich and poor - in the nineteenth century South, Laura Edwards reveals a full portrait of women and their political and social roles that reaches far beyond the passive stereotypes of the slave and southern belle. Scarlett Doesn't Live Here Anymore demonstrates how women on every step of the social ladder worked actively throughout the period to shape southern society in ways that fulfilled their hopes for the future. They used the resources at their disposal to fashion their own positive identities, to create the social bonds that sustained them in difficult times, and to express powerful social critiques that helped them make sense of their lives.

Moral Reconstruction

Author: Gaines M. Foster
Publisher: Univ of North Carolina Press
ISBN: 0807860166
Size: 49.50 MB
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Between 1865 and 1920, Congress passed laws to regulate obscenity, sexuality, divorce, gambling, and prizefighting. It forced Mormons to abandon polygamy, attacked interstate prostitution, made narcotics contraband, and stopped the manufacture and sale of alcohol. Gaines Foster explores the force behind this unprecedented federal regulation of personal morality--a combined Christian lobby. Foster analyzes the fears of appetite and avarice that led organizations such as the Women's Christian Temperance Union and the National Reform Association to call for moral legislation and examines the efforts and interconnections of the men and women who lobbied for it. His account underscores the crucial role white southerners played in the rise of moral reform after 1890. With emancipation, white southerners no longer needed to protect slavery from federal intervention, and they seized on moral legislation as a tool for controlling African Americans. Enriching our understanding of the aftermath of the Civil War and the expansion of national power, Moral Reconstruction also offers valuable insight into the link between historical and contemporary efforts to legislate morality.

The People And Their Peace

Author: Laura F. Edwards
Publisher: UNC Press Books
ISBN: 0807832634
Size: 27.11 MB
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This study discusses changes in the legal logic of slavery, race, and gender. Drawing on extensive archival research in North and South Carolina, Laura F. Edwards illuminates those changes by revealing the importance of localized legal practice.

Law In American History

Author: G. Edward White
Publisher: Oxford University Press
ISBN: 0199930988
Size: 20.73 MB
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In this second installment of G. Edward White's sweeping history of law in America from the colonial era to the present, White, covers the period between 1865-1929, which encompasses Reconstruction, rapid industrialization, a huge influx of immigrants, the rise of Jim Crow, the emergence of an American territorial empire, World War I, and the booming yet xenophobic 1920s. As in the first volume, he connects the evolution of American law to the major political, economic, cultural, social, and demographic developments of the era. To enrich his account, White draws from the latest research from across the social sciences--economic history, anthropology, and sociology--yet weave those insights into a highly accessible narrative. Along the way he provides a compelling case for why law can be seen as the key to understanding the development of American life as we know it. Law in American History, Volume II will be an essential text for both students of law and general readers.