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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: 57.29 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: 15.69 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: 0809334739
Size: 13.75 MB
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Most Americans today view freedom of speech as a bedrock of all other liberties, a defining feature of American citizenship. During the nineteenth century, the popular concept of American freedom of speech was still being formed. In An Indispensable Liberty: The Fight for Free Speech in Nineteenth-Century America, contributors examine attempts to restrict freedom of speech and the press during and after the Civil War. The eleven essays that make up this collection show how, despite judicial, political, and public proclamations of support for freedom of expression, factors like tradition, gender stereotypes, religion, and fear of social unrest often led to narrow judicial and political protection for freedom of expression by people whose views upset the status quo. These views, expressed by abolitionists, suffragists, and labor leaders, challenged rigid cultural mores of the day, and many political and cultural leaders feared that extending freedom of expression to agitators would undermine society. The Civil War intensified questions about the duties and privileges of citizenship. After the war, key conflicts over freedom of expression were triggered by Reconstruction, suffrage, the Comstock Act, and questions about libel. The volume’s contributors blend social, cultural, and intellectual history to untangle the complicated strands of nineteenth-century legal thought. By chronicling the development of modern-day notions of free speech, this timely collection offers both a valuable exploration of the First Amendment in nineteenth-century America and a useful perspective on the challenges we face today.

Representing The Race

Author: Kenneth W. Mack
Publisher: Harvard University Press
ISBN: 0674065301
Size: 44.38 MB
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Profiles African American lawyers during the era of segregation and the civil rights movement, with an emphasis on the conflicts they felt between their identities as African Americans and their professional identities as lawyers.

Picture Freedom

Author: Jasmine Nichole Cobb
Publisher: NYU Press
ISBN: 1479817228
Size: 65.44 MB
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In the decades leading up to the end of U.S. slavery, many free Blacks sat for daguerreotypes decorated in fine garments to document their self-possession. People pictured in these early photographs used portraiture to seize control over representation of the free Black body and reimagine Black visuality divorced from the cultural logics of slavery. In Picture Freedom, Jasmine Nichole Cobb analyzes the ways in which the circulation of various images prepared free Blacks and free Whites for the emancipation of formerly unfree people of African descent. She traces the emergence of Black freedom as both an idea and as an image during the early nineteenth century. Through an analysis of popular culture of the period—including amateur portraiture, racial caricatures, joke books, antislavery newspapers, abolitionist materials, runaway advertisements, ladies’ magazines, and scrapbooks, as well as scenic wallpaper—Cobb explores the earliest illustrations of free Blacks and reveals the complicated route through visual culture toward a vision of African American citizenship. Picture Freedom reveals how these depictions contributed to public understandings of nationhood, among both domestic eyes and the larger Atlantic world.

A Traffic Of Dead Bodies

Author: Michael Sappol
Publisher: Princeton University Press
ISBN: 0691186146
Size: 56.11 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.

A Companion To 19th Century America

Author: William Barney
Publisher: John Wiley & Sons
ISBN: 0470998466
Size: 48.49 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.

Scenes Of Subjection

Author: Saidiya V. Hartman
Publisher: Oxford University Press on Demand
ISBN: 9780195089837
Size: 39.65 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.

Neither Fugitive Nor Free

Author: Edlie L. Wong
Publisher: NYU Press
ISBN: 0814794556
Size: 16.57 MB
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Studies lawsuits to gain freedom for slaves on the grounds of their having traveled to free territory, starting with Somerset v. Stewart (England, 1772), Commonwealth v. Aves (Massachussetts, 1836), Dred Scott v. Sanford, and cases brought questioning the legitimacy of Negro Seamen Acts in the antebellum coastal South. These lawsuits and accounts of them are compared to fugitive slave narratives to shed light on both. The differing impact of freedom obtained from such suits for men and women (women could claim that their children were free, once they were judged free) is examined.

The Foundations Of Anglo American Corporate Fiduciary Law

Author: David Kershaw
Publisher: Cambridge University Press
ISBN: 1108651135
Size: 24.72 MB
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This book explores the foundations and evolution of modern corporate fiduciary law in the United States and the United Kingdom. Today US and UK fiduciary law provide very different approaches to the regulation of directorial behaviour. However, as the book shows, the law in both jurisdictions borrowed from the same sources in eighteenth- and nineteenth-century English fiduciary and commercial law. The book identifies the shared legal foundations and authorities and explores the drivers of corporate fiduciary law's contemporary divergence. In so doing it challenges the prevailing accounts of corporate legal change and stability in the US and the UK.