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The 1866 Civil Rights Act is one of the most monumental pieces of legislation in American history, figuring into almost every subsequent piece of legislation dealing with civil rights for the next century. While numerous scholars have looked at it in the larger social and political context of Reconstruction and its relationship with the Fourteenth Amendment, this will be the first book that focuses on its central role in the long history of civil rights. As George Rutherglen argues, the Act has structured debates and controversies about civil rights up to the present. The history of the Act itself speaks to the fundamental issues that continue to surround civil rights law: the contested meaning of racial equality; the distinction between public and private action; the division of power between the states and the federal government; and the role of the Supreme Court and Congress in implementing constitutional principles. Slavery, Freedom, and Civil Rights shows that the Act was not just an archetypal piece of Radical Republican legislation or merely a precursor to the Fourteenth Amendment. While its enactment led directly to passage of the amendment, their simultaneous existence going forward initiated a longstanding debate over the relationship between the two, and by proxy the Courts and Congress. How extensive was the Act's reach in relation to the Amendment? Could it regulate private discrimination? Supersede state law? What power did it endow to Congress, as opposed to the Courts? The debate spawned an important body of judicial doctrine dealing with almost all of the major issues in civil rights, and this book positions both the Act and its legacy in a broad historical canvas.

The 1866 Civil Rights Act is one of the most monumental pieces of legislation in American history, figuring into almost every subsequent piece of legislation dealing with civil rights for the next century. While numerous scholars have looked at it in the larger social and political context of Reconstruction and its relationship with the Fourteenth Amendment, this will be the first book that focuses on its central role in the long history of civil rights. As George Rutherglen argues, the Act has structured debates and controversies about civil rights up to the present. The history of the Act itself speaks to the fundamental issues that continue to surround civil rights law: the contested meaning of racial equality; the distinction between public and private action; the division of power between the states and the federal government; and the role of the Supreme Court and Congress in implementing constitutional principles. Slavery, Freedom, and Civil Rights shows that the Act was not just an archetypal piece of Radical Republican legislation or merely a precursor to the Fourteenth Amendment. While its enactment led directly to passage of the amendment, their simultaneous existence going forward initiated a longstanding debate over the relationship between the two, and by proxy the Courts and Congress. How extensive was the Act's reach in relation to the Amendment? Could it regulate private discrimination? Supersede state law? What power did it endow to Congress, as opposed to the Courts? The debate spawned an important body of judicial doctrine dealing with almost all of the major issues in civil rights, and this book positions both the Act and its legacy in a broad historical canvas.

In this collection of essays, leading legal historians address significant topics in the history of judges and judging, with comparisons not only between British, American and Commonwealth experience, but also with the judiciary in civil law countries. It is not the law itself, but the process of law-making in courts, that is the focus of inquiry. Contributors describe and analyse aspects of judicial activity, in the widest possible legal and social contexts, across two millennia. The essays cover English common law, continental customary law and ius commune, and aspects of the common law system in the British Empire. The volume is innovative in its approach to legal history. None of the essays offer straight doctrinal exegesis; none take refuge in old-fashioned judicial biography. The volume is a selection of the best papers from the 18th British Legal History Conference.

In this collection of essays, leading legal historians address significant topics in the history of judges and judging, with comparisons not only between British, American and Commonwealth experience, but also with the judiciary in civil law countries. It is not the law itself, but the process of law-making in courts, that is the focus of inquiry. Contributors describe and analyse aspects of judicial activity, in the widest possible legal and social contexts, across two millennia. The essays cover English common law, continental customary law and ius commune, and aspects of the common law system in the British Empire. The volume is innovative in its approach to legal history. None of the essays offer straight doctrinal exegesis; none take refuge in old-fashioned judicial biography. The volume is a selection of the best papers from the 18th British Legal History Conference.

Citing the most ancient sources, Brent Winters traces our country's common law (now confined to a half dozen countries) from its roots in the laws of Nature and of Nature's God and the civil law (now covering our globe) from it roots in Babylon, through Egypt, back to Babylon, then to Pergamos, Jerusalem, Rome, and Revolutionary France and thence on into the entire world. An absolutely invaluable, eminently readable, and essential reference regarding the Constitutional law of the United States of America. Over 1000 Bible references indexed. Contents Include: Introduction (35 pages); Civil Law: Origin & Growth (121 pages); Common Law: Origin & Growth (251 pages); Common Law & Scripture (129 pages); Common-Law & Civil Law Contrasted (169 pages); Conclusion (29 pages); Appendices (139 pages); Bibliography (13 pages); Hebrew, Aramaic & Greek Word & Phrase Index (9 pages); Scripture Index (11 pages); Word Index (37 pages).

Citing the most ancient sources, Brent Winters traces our country's common law (now confined to a half dozen countries) from its roots in the laws of Nature and of Nature's God and the civil law (now covering our globe) from it roots in Babylon, through Egypt, back to Babylon, then to Pergamos, Jerusalem, Rome, and Revolutionary France and thence on into the entire world. An absolutely invaluable, eminently readable, and essential reference regarding the Constitutional law of the United States of America. Over 1000 Bible references indexed. Contents Include: Introduction (35 pages); Civil Law: Origin & Growth (121 pages); Common Law: Origin & Growth (251 pages); Common Law & Scripture (129 pages); Common-Law & Civil Law Contrasted (169 pages); Conclusion (29 pages); Appendices (139 pages); Bibliography (13 pages); Hebrew, Aramaic & Greek Word & Phrase Index (9 pages); Scripture Index (11 pages); Word Index (37 pages).

The Making of the Modern Law: Legal Treatises, 1800-1926 includes over 20,000 analytical, theoretical and practical works on American and British Law. It includes the writings of major legal theorists, including Sir Edward Coke, Sir William Blackstone, James Fitzjames Stephen, Frederic William Maitland, John Marshall, Joseph Story, Oliver Wendell Holmes, Jr. and Roscoe Pound, among others. Legal Treatises includes casebooks, local practice manuals, form books, works for lay readers, pamphlets, letters, speeches and other works of the most influential writers of their time. It is of great value to researchers of domestic and international law, government and politics, legal history, business and economics, criminology and much more.++++The below data was compiled from various identification fields in the bibliographic record of this title. This data is provided as an additional tool in helping to insure edition identification:++++Harvard Law School LibraryCTRG95-B2271Cataloged from cover. "From the Proceedings of the Missouri Bar Association, 1905."--Cover.[U.S. : s.n., 1905?]. 31 p. ; 24 cm

Great Legal Traditions: Civil Law, Common Law, and Chinese Law in Historical and Operational Perspective draws on the nearly thirty years of experience that the author has accumulated from working in and writing about a variety of legal systems around the world. After an introduction to the underlying concepts and values of comparative legal studies, Head embarks on a brisk six-chapter survey of European civil law, English and American common law, and Chinese law (both dynastic and contemporary). Each legal tradition is divided into two perspectives first historical and then operational. Numerous illustrations and biographical sketches bring the historical surveys to life, thereby setting the stage for a close examination of several key attributes of representative legal systems in each of the three traditions. Head's ''operational'' topics include sources of law, the role and training of lawyers, the division of court jurisdiction, constitutional review, the role of codification, and more and he gives special attention to comparative criminal procedure. Great Legal Traditions is designed primarily for use in law schools and other graduate programs in comparative history, international relations, and both European and Chinese area studies, but the book is also written to be accessible to a more general readership. The main text is supplemented with numerous appendices that serve in place of a documents supplement. A teacher's manual is also available with guidance on each of the study questions that Head places at the beginning of each chapter (roughly 200 study questions in all). The teacher's manual also provides guidance (and confidence) to instructors not already familiar with Chinese law and history.

In this companion to The Life of Johnny Reb, Bell Irvin Wiley explores the daily lives of the men in blue who fought to save the Union. With the help of many soldiers' letters and diaries, Wiley explains who these men were and why they fought, how they reacted to combat and the strain of prolonged conflict, and what they thought about the land and the people of Dixie. This fascinating social history reveals that while the Yanks and the Rebs fought for very different causes, the men on both sides were very much the same. "This wonderfully interesting book is the finest memorial the Union soldier is ever likely to have.... [Wiley] has written about the Northern troops with an admirable objectivity, with sympathy and understanding and profound respect for their fighting abilities. He has also written about them with fabulous learning and considerable pace and humor.

Among the greatest challenges facing humanity in the twenty-first century is that of sustaining a healthy civil society, which depends upon managing the tension between individual and collective interests. Bruce R. Sievers explores this issue by investigating ways to balance the public and private sides of modern life in a manner that allows realization of the ideal of individual freedom and, at the same time, makes possible the effective pursuit of the common good. He traces the development of civil society from the seventeenth-century Dutch Republic and the eighteenth-century Scottish Enlightenment, analyzes its legacy for modern political life, and explores how historical trends in the formation of civil society and philanthropy aid or impede our achievement of public goods in the modern era.

In the Shenandoah Valley and Peninsula Campaigns of 1862, Union and Confederate soldiers faced unfamiliar and harsh environmental conditions--strange terrain, tainted water, swarms of flies and mosquitoes, interminable rain and snow storms, and oppressive heat--which contributed to escalating disease and diminished morale. Using soldiers' letters, diaries, and memoirs, plus a wealth of additional personal accounts, medical sources, newspapers, and government documents, Kathryn Shively Meier reveals how these soldiers strove to maintain their physical and mental health by combating their deadliest enemy--nature.Meier explores how soldiers forged informal networks of health care based on prewar civilian experience and adopted a universal set of self-care habits, including boiling water, altering camp terrain, eradicating insects, supplementing their diets with fruits and vegetables, constructing protective shelters, and most controversially, straggling. In order to improve their health, soldiers periodically had to adjust their ideas of manliness, class values, and race to the circumstances at hand. While self-care often proved superior to relying upon the inchoate military medical infrastructure, commanders chastised soldiers for testing army discipline, ultimately redrawing the boundaries of informal health care.

How did Civil War soldiers endure the brutal and unpredictable existence of army life during the conflict? This question is at the heart of Peter S. Carmichael's sweeping new study of men at war. Based on close examination of the letters and records left behind by individual soldiers from both the North and the South, Carmichael explores the totality of the Civil War experience--the marching, the fighting, the boredom, the idealism, the exhaustion, the punishments, and the frustrations of being away from families who often faced their own dire circumstances. Carmichael focuses not on what soldiers thought but rather how they thought. In doing so, he reveals how, to the shock of most men, well-established notions of duty or disobedience, morality or immorality, loyalty or disloyalty, and bravery or cowardice were blurred by war. Digging deeply into his soldiers' writing, Carmichael resists the idea that there was "a common soldier" but looks into their own words to find common threads in soldiers' experiences and ways of understanding what was happening around them. In the end, he argues that a pragmatic philosophy of soldiering emerged, guiding members of the rank and file as they struggled to live with the contradictory elements of their violent and volatile world. Soldiering in the Civil War, as Carmichael argues, was never a state of being but a process of becoming.

When North and South went to war, millions of American families endured their first long separation. For men in the armies―and their wives, children, parents, and siblings at home―letter writing was the sole means to communicate. Yet for many of these Union and Confederate families, taking pen to paper was a new and daunting task. I Remain Yours narrates the Civil War from the perspective of ordinary people who had to figure out how to salve the emotional strain of war and sustain their closest relationships using only the written word.Christopher Hager presents an intimate history of the Civil War through the interlaced stories of common soldiers and their families. The previously overlooked words of a carpenter from Indiana, an illiterate teenager from Connecticut, a grieving mother in the mountains of North Carolina, and a blacksmith’s daughter on the Iowa prairie reveal through their awkward script and expression the personal toll of war. Is my son alive or dead? Returning soon or never? Can I find words for the horrors I’ve seen or the loneliness I feel? Fear, loss, and upheaval stalked the lives of Americans straining to connect the battlefront to those they left behind.Hager shows how relatively uneducated men and women made this new means of communication their own, turning writing into an essential medium for sustaining relationships and a sense of belonging. Letter writing changed them and they in turn transformed the culture of letters into a popular, democratic mode of communication.

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How did Civil War soldiers endure the brutal and unpredictable existence of army life during the conflict? This question is at the heart of Peter S. Carmichael's sweeping new study of men at war. Based on close examination of the letters and records left behind by individual soldiers from both the North and the South, Carmichael explores the totality of the Civil War experience--the marching, the fighting, the boredom, the idealism, the exhaustion, the punishments, and the frustrations of being away from families who often faced their own dire circumstances. Carmichael focuses not on what soldiers thought but rather how they thought. In doing so, he reveals how, to the shock of most men, well-established notions of duty or disobedience, morality or immorality, loyalty or disloyalty, and bravery or cowardice were blurred by war. Digging deeply into his soldiers' writing, Carmichael resists the idea that there was "a common soldier" but looks into their own words to find common threads in soldiers' experiences and ways of understanding what was happening around them. In the end, he argues that a pragmatic philosophy of soldiering emerged, guiding members of the rank and file as they struggled to live with the contradictory elements of their violent and volatile world. Soldiering in the Civil War, as Carmichael argues, was never a state of being but a process of becoming.

This is the never before told story of hundreds of Americans who went to war in defense of their beliefs, to seek adventure and to see some of the world beyond their rural Pennsylvania neighborhoods. Developed largely in the words of the soldiers of the 145th Pennsylvania Infantry, Common Men highlights some of the men's lives before the war and then carries the reader through trials and triumphs from enlistment, Jubilant send-off, action from Antietam through Gettysburg and casualty, Democracy and the Union are sustained through the actions of common men, men not always given the best of orders.

In the Shenandoah Valley and Peninsula Campaigns of 1862, Union and Confederate soldiers faced unfamiliar and harsh environmental conditions--strange terrain, tainted water, swarms of flies and mosquitoes, interminable rain and snow storms, and oppressive heat--which contributed to escalating disease and diminished morale. Using soldiers' letters, diaries, and memoirs, plus a wealth of additional personal accounts, medical sources, newspapers, and government documents, Kathryn Shively Meier reveals how these soldiers strove to maintain their physical and mental health by combating their deadliest enemy--nature.Meier explores how soldiers forged informal networks of health care based on prewar civilian experience and adopted a universal set of self-care habits, including boiling water, altering camp terrain, eradicating insects, supplementing their diets with fruits and vegetables, constructing protective shelters, and most controversially, straggling. In order to improve their health, soldiers periodically had to adjust their ideas of manliness, class values, and race to the circumstances at hand. While self-care often proved superior to relying upon the inchoate military medical infrastructure, commanders chastised soldiers for testing army discipline, ultimately redrawing the boundaries of informal health care.