The Journal of Southern Legal History PDF Download

Author:
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages : 526

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Author: John W. Wertheimer
Publisher: University Press of Kentucky
ISBN: 0813188954
Category : History
Languages : en
Pages : 336

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Law and Society in the South reconstructs eight pivotal legal disputes heard in North Carolina courts between the 1830s and the 1970s and examines some of the most controversial issues of southern history, including white supremacy and race relations, the teaching of evolution in public schools, and Prohibition. Finally, the book explores the various ways in which law and society interacted in the South during the civil rights era. The voices of racial minorities-some urging integration, others opposing it-grew more audible within the legal system during this time. Law and Society in the South divulges the true nature of the courts: as the unpredictable venues of intense battles between southerners as they endured dramatic changes in their governing values.

Author: Thomas D. Morris
Publisher: Univ of North Carolina Press
ISBN: 0807864307
Category : Law
Languages : en
Pages : 588

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This volume is the first comprehensive history of the evolving relationship between American slavery and the law from colonial times to the Civil War. As Thomas Morris clearly shows, racial slavery came to the English colonies as an institution without strict legal definitions or guidelines. Specifically, he demonstrates that there was no coherent body of law that dealt solely with slaves. Instead, more general legal rules concerning inheritance, mortgages, and transfers of property coexisted with laws pertaining only to slaves. According to Morris, southern lawmakers and judges struggled to reconcile a social order based on slavery with existing English common law (or, in Louisiana, with continental civil law.) Because much was left to local interpretation, laws varied between and even within states. In addition, legal doctrine often differed from local practice. And, as Morris reveals, in the decades leading up to the Civil War, tensions mounted between the legal culture of racial slavery and the competing demands of capitalism and evangelical Christianity.

Author: Sally E. Hadden
Publisher: University of Georgia Press
ISBN: 0820344990
Category : Law
Languages : en
Pages : 489

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In Signposts, Sally E. Hadden and Patricia Hagler Minter have assembled seventeen essays, by both established and rising scholars, that showcase new directions in southern legal history across a wide range of topics, time periods, and locales. The essays will inspire today's scholars to dig even more deeply into the southern legal heritage, in much the same way that David Bodenhamer and James Ely's seminal 1984 work, Ambivalent Legacy, inspired an earlier generation to take up the study of southern legal history. Contributors to Signposts explore a wide range of subjects related to southern constitutional and legal thought, including real and personal property, civil rights, higher education, gender, secession, reapportionment, prohibition, lynching, legal institutions such as the grand jury, and conflicts between bench and bar. A number of the essayists are concerned with transatlantic connections to southern law and with marginalized groups such as women and native peoples. Taken together, the essays in Signposts show us that understanding how law changes over time is essential to understanding the history of the South. Contributors: Alfred L. Brophy, Lisa Lindquist Dorr, Laura F. Edwards, James W. Ely Jr., Tim Alan Garrison, Sally E. Hadden, Roman J. Hoyos, Thomas N. Ingersoll, Jessica K. Lowe, Patricia Hagler Minter, Cynthia Nicoletti, Susan Richbourg Parker, Christopher W. Schmidt, Jennifer M. Spear, Christopher R. Waldrep, Peter Wallenstein, Charles L. Zelden.

Author: Joseph A. Ranney
Publisher: Univ. Press of Mississippi
ISBN: 1496822595
Category : History
Languages : en
Pages : 234

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In A Legal History of Mississippi: Race, Class, and the Struggle for Opportunity, legal scholar Joseph A. Ranney surveys the evolution of Mississippi’s legal system and analyzes the ways in which that system has changed during the state’s first two hundred years. Through close research, qualitative analysis, published court decisions, statutes, and law review articles, along with unusual secondary sources including nineteenth-century political and legal journals and journals of state constitutional conventions, Ranney indicates how Mississippi law has both shaped and reflected the state’s character and, to a certain extent, how Mississippi’s legal evolution compares with that of other states. Ranney examines the interaction of Mississippi law and society during key periods of change including the colonial and territorial eras and the early years of statehood when the legal foundations were laid; the evolution of slavery and slave law in Mississippi; the state’s antebellum role as a leader of Jacksonian legal reform; the unfolding of the response to emancipation and wartime devastation during Reconstruction and the early Jim Crow era; Mississippi’s legal evolution during the Progressive Era and its legal response to the crisis of the Great Depression; and the legal response to the civil rights revolution of the mid-twentieth century and the cultural revolutions of the late twentieth century. Histories of the law in other states are starting to appear, but there is none for Mississippi. Ranney fills that gap to help us better understand the state as it enters its third century.

Author: Timothy S. Huebner
Publisher: University of Georgia Press
ISBN: 9780820332369
Category : Law
Languages : en
Pages : 288

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This first book to examine the lives and work of nineteenth-century southern judges explores the emergence of a southern judiciary and the effects of regional peculiarities and attitudes on legal development. Drawing on the judicial opinions and private correspondence of six chief justices whose careers span both the region and the century, Timothy S. Huebner analyzes their conceptions of their roles and the substance of their opinions related to cases involving homicide, economic development, federalism, and race. Examining judges both on and off the bench--as formulators of law and as citizens whose lives were intertwined with southern values--Huebner reveals the tensions that sometimes arose out of loyalties to sectional principles and national professional consciousness. He exposes the myth of southern leniency in appellate homicide decisions and also shows how the southern judiciary contributed to and reflected larger trends in American legal development. This book adds to our understanding of both southern distinctiveness and American legal culture.

Author: Peter W. Bardaglio
Publisher: Univ of North Carolina Press
ISBN: 0807860212
Category : History
Languages : en
Pages : 378

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In Reconstructing the Household, Peter Bardaglio examines the connections between race, gender, sexuality, and the law in the nineteenth-century South. He focuses on miscegenation, rape, incest, child custody, and adoption laws to show how southerners struggled with the conflicts and stresses that surfaced within their own households and in the larger society during the Civil War era. Based on literary as well as legal sources, Bardaglio's analysis reveals how legal contests involving African Americans, women, children, and the poor led to a rethinking of families, sexuality, and the social order. Before the Civil War, a distinctive variation of republicanism, based primarily on hierarchy and dependence, characterized southern domestic relations. This organic ideal of the household and its power structure differed significantly from domestic law in the North, which tended to emphasize individual rights and contractual obligations. The defeat of the Confederacy, emancipation, and economic change transformed family law and the governance of sexuality in the South and allowed an unprecedented intrusion of the state into private life. But Bardaglio argues that despite these profound social changes, a preoccupation with traditional notions of gender and race continued to shape southern legal attitudes.

Author: Paul DeForest Hicks
Publisher: University of Georgia Press
ISBN: 0820340995
Category : History
Languages : en
Pages : 197

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This biography of Joseph Henry Lumpkin (1799-1867) details the life and work of the man whose senior judgeship on Georgia's Supreme Court spanned more than twenty years and included service as its first Chief Justice. Paul Hicks portrays Lumpkin as both a civic-minded professional and an evangelical Presbyterian reformer. Exploring Lumpkin's important contributions to the institutional development of the Georgia Supreme Court, Hicks discusses Lumpkin's opinions in cases ranging in concern from family conflicts to slavery. He also shows how Lumpkin cleared a way through the thicket of antiquated laws that threatened to strangle the growth of corporate banking and business in Georgia. Treated in depth as well are the evolution of his views on slavery and secession and his involvement in social and economic reform, including temperance, education, African American colonization, and industrialization. Hicks also covers Lumpkin's undergraduate days at the University of Georgia and Princeton, his experiences as a state legislator and successful lawyer, and his family life. Among the family members portrayed are Lumpkin's older brother, Wilson, a two-term governor of Georgia; and Lumpkin's son-in-law, Thomas R. R. Cobb, cofounder with Lumpkin of the University of Georgia Law School. Joseph Henry Lumpkin played an important role in the public life of Georgia during the formative era of American law and the age of sectionalism. Here is a full and compelling portrait of Lumpkin as an individual of both intellect and passion, on and off the bench.

Author: Giuliana Perrone
Publisher: Cambridge University Press
ISBN: 1009219197
Category : History
Languages : en
Pages : 333

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Reveals that slavery has remained embedded in private law well after its ostensible demise.

Author: William E. Leuchtenburg
Publisher: LSU Press
ISBN: 9780807135273
Category : Biography & Autobiography
Languages : en
Pages : 688

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Perhaps not southerners in the usual sense, Franklin D. Roosevelt, Harry S. Truman, and Lyndon B. Johnson each demonstrated a political style and philosophy that helped them influence the South and unite the country in ways that few other presidents have. Combining vivid biography and political insight, William E. Leuchtenburg offers an engaging account of relations between these three presidents and the South while also tracing how the region came to embrace a national perspective without losing its distinctive sense of place. According to Leuchtenburg, each man "had one foot below the Mason-Dixon Line, one foot above." Roosevelt, a New Yorker, spent much of the last twenty-five years of his life in Warm Springs, Georgia, where he built a "Little White House." Truman, a Missourian, grew up in a pro-Confederate town but one that also looked West because of its history as the entrepôt for the Oregon Trail. Johnson, who hailed from the former Confederate state of Texas, was a westerner as much as a southerner. Their intimate associations with the South gave these three presidents an empathy toward and acceptance in the region. In urging southerners to jettison outworn folkways, Roosevelt could speak as a neighbor and adopted son, Truman as a borderstater who had been taught to revere the Lost Cause, and Johnson as a native who had been scorned by Yankees. Leuchtenburg explores in fascinating detail how their unique attachment to "place" helped them to adopt shifting identities, which proved useful in healing rifts between North and South, in altering behavior in regard to race, and in fostering southern economic growth. The White House Looks South is the monumental work of a master historian. At a time when race, class, and gender dominate historical writing, Leuchtenburg argues that place is no less significant. In a period when America is said to be homogenized, he shows that sectional distinctions persist. And in an era when political history is devalued, he demonstrates that government can profoundly affect people's lives and that presidents can be change-makers.