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Law And The Conditions Of Freedom In The Nineteenth Century United States

Author: James Willard Hurst
Publisher: Univ of Wisconsin Press
ISBN: 9780299013639
Size: 44.63 MB
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In these essays J. Willard Hurst shows the correlation between the conception of individual freedom and the application of law in the nineteenth-century United States—how individuals sought to use law to increase both their personal freedom and their opportunities for personal growth. These essays in jurisprudence and legal history are also a contribution to the study of social and intellectual history in the United States, to political science, and to economics as it concerns the role of public policy in our economy. The nonlawyer will find in them demonstration of how "technicalities" express deep issues of social values.

Necro Citizenship

Author: Russ Castronovo
Publisher: Duke University Press
ISBN: 0822380145
Size: 68.31 MB
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In Necro Citizenship Russ Castronovo argues that the meaning of citizenship in the United States during the nineteenth century was bound to—and even dependent on—death. Deploying an impressive range of literary and cultural texts, Castronovo interrogates an American public sphere that fetishized death as a crucial point of political identification. This morbid politics idealized disembodiment over embodiment, spiritual conditions over material ones, amnesia over history, and passivity over engagement. Moving from medical engravings, séances, and clairvoyant communication to Supreme Court decisions, popular literature, and physiological tracts, Necro Citizenship explores how rituals of inclusion and belonging have generated alienation and dispossession. Castronovo contends that citizenship does violence to bodies, especially those of blacks, women, and workers. “Necro ideology,” he argues, supplied citizens with the means to think about slavery, economic powerlessness, or social injustice as eternal questions, beyond the scope of politics or critique. By obsessing on sleepwalkers, drowned women, and other corpses, necro ideology fostered a collective demand for an abstract even antidemocratic sense of freedom. Examining issues involving the occult, white sexuality, ghosts, and suicide in conjunction with readings of Harriet Jacobs, Ralph Waldo Emerson, Frederick Douglass, Nathaniel Hawthorne, and Frances Harper, Necro Citizenship successfully demonstrates why Patrick Henry's “give me liberty or give me death” has resonated so strongly in the American imagination.

An Indispensable Liberty

Author: Mary M. Cronin
Publisher: SIU Press
ISBN: 0809334720
Size: 70.19 MB
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"This collection of eleven essays examines nineteenth-century legal and extralegal attempts to restrict freedom of speech and the press as well as the efforts of others to push back against those restrictions"--

A Companion To 19th Century America

Author: William Barney
Publisher: John Wiley & Sons
ISBN: 0470998466
Size: 36.61 MB
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A Companion to 19th-Century America is an authoritative overview of current historiographical developments and major themes in the history of nineteenth-century America. Twenty-seven scholars, all specialists in their own thematic areas, examine the key debates and historiography. A thematic and chronological organization brings together the major time periods, politics, the Civil War, economy, and social and cultural history of the nineteenth century. Written with the general reader in mind, each essay surveys the historical research, the emerging concerns, and assesses the future direction of scholarship. Complete coverage of all the major themes and current debates in nineteenth-century US history assessing the state of the scholarship and future concerns. 24 original essays by leading experts in nineteenth-century American history complete with up-to-date bibliographies. Chronological and thematic organization covers both traditional and contemporary fields of research - politics, periods, economy, class formation, ethnicity, gender roles, regions, culture and ideas.

Law And The Borders Of Belonging In The Long Nineteenth Century United States

Author: Barbara Young Welke
Publisher: Cambridge University Press
ISBN: 9780521152259
Size: 17.72 MB
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For more than a generation, historians and legal scholars have documented inequalities at the heart of American law and daily life and exposed inconsistencies in the generic category of "American citizenship." Welke draws on that wealth of historical, legal, and theoretical scholarship to offer a new paradigm of liberal selfhood and citizenship from the founding of the United States through the 1920s. Law and the Borders of Belonging questions understanding this period through a progressive narrative of expanding rights, revealing that it was characterized instead by a sustained commitment to borders of belonging of liberal selfhood, citizenship, and nation in which able white men's privilege depended on the subject status of disabled persons, racialized others, and women. Welke's conclusions pose challenging questions about the modern liberal democratic state that extend well beyond the temporal and geographic boundaries of the long nineteenth century United States.

Woman In The Nineteenth Century

Author: Margaret Fuller
Publisher: Courier Corporation
ISBN: 0486112004
Size: 69.11 MB
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This 1845 classic by prototypical feminist discusses the Woman Question, prostitution and slavery, marriage, employment, reform, many other topics. Enormously influential work is today a classic of feminist literature.

Scenes Of Subjection

Author: Saidiya V. Hartman
Publisher: Oxford University Press on Demand
ISBN: 9780195089837
Size: 57.49 MB
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In the tradition of Eric Lott's award-winning Love and Theft, Hartman's new book shows how the violence of captivity and enslavement was embodied in many of the performance practices that grew from, and about, slave culture in antebellum America. Using tools from anthropology and history as well as literary criticism, she examines a wealth of material, including songs, dance, stories, diaries, narratives, and journals to provide new insights into a range of issues. She looks particularlyat the presentations of slavery and blackness in minstrelsy, melodrama, and the sentimental novel; the disparity between actual slave culture and "managed" plantation amusements; the construction of slave culture in nineteenth-century ethnographic writing; the rhetorical performance of slave law and slave narratives; the dimension of slave performance practice; and the political consciousness of folklore. Particularly provocative is her analysis of the slave pen and auction block, which transmogrified terror into theatre, and her reading of the rhetoric of seduction in slavery law and legal cases concerning rape. Persuasively showing that the exercise of power is inseparable from its display, Scenes of Subjection will interest readers involved in a wide range of historical, literary, and cultural studies.

The Many Legalities Of Early America

Author: Christopher L. Tomlins
Publisher: UNC Press Books
ISBN: 0807839086
Size: 54.28 MB
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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.

A Traffic Of Dead Bodies

Author: Michael Sappol
Publisher: Princeton University Press
ISBN: 9780691059259
Size: 49.64 MB
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A Traffic of Dead Bodies enters the sphere of bodysnatching medical students, dissection-room pranks, and anatomical fantasy. It shows how nineteenth-century American physicians used anatomy to develop a vital professional identity, while claiming authority over the living and the dead. It also introduces the middle-class women and men, working people, unorthodox healers, cultural radicals, entrepreneurs, and health reformers who resisted and exploited anatomy to articulate their own social identities and visions. The nineteenth century saw the rise of the American medical profession: a proliferation of practitioners, journals, organizations, sects, and schools. Anatomy lay at the heart of the medical curriculum, allowing American medicine to invest itself with the authority of European science. Anatomists crossed the boundary between life and death, cut into the body, reduced it to its parts, framed it with moral commentary, and represented it theatrically, visually, and textually. Only initiates of the dissecting room could claim the privileged healing status that came with direct knowledge of the body. But anatomy depended on confiscation of the dead--mainly the plundered bodies of African Americans, immigrants, Native Americans, and the poor. As black markets in cadavers flourished, so did a cultural obsession with anatomy, an obsession that gave rise to clashes over the legal, social, and moral status of the dead. Ministers praised or denounced anatomy from the pulpit; rioters sacked medical schools; and legislatures passed or repealed laws permitting medical schools to take the bodies of the destitute. Dissection narratives and representations of the anatomical body circulated in new places: schools, dime museums, popular lectures, minstrel shows, and sensationalist novels. Michael Sappol resurrects this world of graverobbers and anatomical healers, discerning new ligatures among race and gender relations, funerary practices, the formation of the middle-class, and medical professionalization. In the process, he offers an engrossing and surprisingly rich cultural history of nineteenth-century America.