constituting empire new york and the transformation of constitutionalism in the atlantic world 1664 1830 studies in legal history

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Constituting Empire

Author : Daniel J. Hulsebosch
ISBN : 0807876879
Genre : Law
File Size : 40. 5 MB
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According to the traditional understanding of American constitutional law, the Revolution produced a new conception of the constitution as a set of restrictions on the power of the state rather than a mere description of governmental roles. Daniel J. Hulsebosch complicates this viewpoint by arguing that American ideas of constitutions were based on British ones and that, in New York, those ideas evolved over the long eighteenth century as New York moved from the periphery of the British Atlantic empire to the center of a new continental empire. Hulsebosch explains how colonists and administrators reconfigured British legal sources to suit their needs in an expanding empire. In this story, familiar characters such as Alexander Hamilton and James Kent appear in a new light as among the nation's most important framers, and forgotten loyalists such as Superintendent of Indian Affairs Sir William Johnson and lawyer William Smith Jr. are rightly returned to places of prominence. In his paradigm-shifting analysis, Hulsebosch captures the essential paradox at the heart of American constitutional history: the Revolution, which brought political independence and substituted the people for the British crown as the source of legitimate authority, also led to the establishment of a newly powerful constitution and a new postcolonial genre of constitutional law that would have been the envy of the British imperial agents who had struggled to govern the colonies before the Revolution.

Constituting Empire

Author : Daniel Joseph Hulsebosch
ISBN : OCLC:973570814
Genre : Constitutional history
File Size : 56. 37 MB
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Making Legal History

Author : R. B. Bernstein
ISBN : 9780814725269
Genre : History
File Size : 35. 50 MB
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One of the academy’s leading legal historians, William E. Nelson is the Edward Weinfeld Professor of Law at New York University School of Law. For more than four decades, Nelson has produced some of the most original and creative work on American constitutional and legal history. His prize-winning books have blazed new trails for historians with their substantive arguments and the scope and depth of Nelson’s exploration of primary sources. Nelson was the first legal scholar to use early American county court records as sources of legal and social history, and his work (on legal history in England, colonial America, and New York) has been a model for generations of legal historians. This book collects ten essays exemplifying and explaining the process of identifying and interpreting archival sources—the foundation of an array of methods of writing American legal history. The essays presented here span the full range of American history from the colonial era to the 1980s.Each historian has either identified a body of sources not previously explored or devised a new method of interrogating sources already known.The result is a kaleidoscopic examination of the historian’s task and of the research methods and interpretative strategies that characterize the rich, complex field of American constitutional and legal history.

The Concert Of Civilizations

Author : Jeremy Kleidosty
ISBN : 9781317037484
Genre : Political Science
File Size : 46. 37 MB
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Are Western and Islamic political and constitutional ideas truly predestined for civilizational clash? In order to understand this controversy The Concert of Civilizations begins by deriving and redefining a definition of constitutionalism that is suitable for comparative, cross-cultural analysis. The rule of law, reflection of national character, and the clear delineation and limitation of governmental power are used as lenses through which thinkers like Cicero, Montesquieu, and the authors of The Federalist Papers can be read alongside al-Farabi, ibn Khaldun, and the Ottoman Tanzimat decrees. Bridging the civilizational divide is a chapter comparing the Magna Carta with Muhammad’sConstitution of Medina, as both documents can be seen as foundational within their traditions. For the first time in political theory, this text also provides a sustained, detailed analysis of Khayr al-Din al-Tunisi’s book The Surest Path, which explains his fusion of Muslim and Western ideas in his writing of Tunisia’s first modern constitution, which is also the first constitution for a majority-Muslim state. Finally, the book discusses the Arab Spring through a brief overview of the revolutions in Egypt, Libya, and Tunisia, and offers some early thoughts about Tunisia’s uniquely successful revolution.

The Oxford Handbook Of European Legal History

Author : Heikki Pihlajamäki
ISBN : 9780191088384
Genre : Law
File Size : 51. 25 MB
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European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism until have recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on " of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical " such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.

A Distinct Judicial Power

Author : Scott Douglas Gerber
ISBN : 9780199765874
Genre : Law
File Size : 67. 97 MB
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This title provides a comprehensive critical analysis of the origins of judicial independence in the United States. The book examines the political theory of an independent judiciary and chronicles how each of the original 13 states and their colonial antecedents treated their respective judiciaries.

America History And Life

Author :
ISBN : STANFORD:36105133520705
Genre : Canada
File Size : 23. 85 MB
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Article abstracts and citations of reviews and dissertations covering the United States and Canada.

The William And Mary Quarterly

Author : Richard Lee Morton
ISBN : UCSC:32106019969549
Genre : United States
File Size : 88. 65 MB
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Sovereignty And Possession In The English New World

Author : Ken MacMillan
ISBN : 9780521870092
Genre : History
File Size : 57. 58 MB
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How did English notions of sovereignty, empire and law impact their methods of settlement in the Americas?

Program Of The Annual Meeting American Historical Association

Author : American Historical Association
ISBN : UOM:39015074916118
Genre : History
File Size : 72. 3 MB
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Some programs include also the programs of societies meeting concurrently with the association.

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