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Heart versus Head: Judge-Made Law in Nineteenth-Century America, Peter Karsten


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Автор: Peter Karsten
Название:  Heart versus Head: Judge-Made Law in Nineteenth-Century America
ISBN: 9781469629056
Издательство: Mare Nostrum (Eurospan)
Классификация:

ISBN-10: 1469629054
Обложка/Формат: Paperback
Страницы: 512
Вес: 0.78 кг.
Дата издания: 30.12.2015
Серия: Studies in legal history
Язык: English
Размер: 234 x 156 x 29
Ключевые слова: History of the Americas,Legal history
Подзаголовок: Judge-made law in nineteenth-century america
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Поставляется из: Англии
Описание: Challenging traditional accounts of the development of American private law, Peter Karsten offers an important new perspective on the making of the rules of common law and equity in nineteenth-century courts. The central story of that era, he finds, was a struggle between a jurisprudence of the head, which adhered strongly to English precedent, and a jurisprudence of the heart, a humane concern for the rights of parties rendered weak by inequitable rules and a willingness to create exceptions or altogether new rules on their behalf. Karsten first documents the tendency of jurists, particularly those in the Northeast, to resist arguments to alter rules of property, contract, and tort law. He then contrasts this tendency with a number of judicial innovations - among them the sanctioning of deep pocket jury awards and the creation of the attractive-nuisance rule - designed to protect societys weaker members. In tracing the emergence of a pro-plaintiff, humanitarian jurisprudence of the heart, Karsten necessarily addresses the shortcomings of the reigning, economic-oriented paradigm regarding judicial rulemaking in nineteenth-century America.Originally published in 1997.A UNC Press Enduring Edition - UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Дополнительное описание: History of the Americas|Legal history


At Home in Nineteenth-Century America: A Documentary History

Автор: Richter Amy
Название: At Home in Nineteenth-Century America: A Documentary History
ISBN: 0814769144 ISBN-13(EAN): 9780814769140
Издательство: Mare Nostrum (Eurospan)
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Цена: 30090.00 T
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Few institutions were as central to nineteenth-century American culture as the home. Emerging in the 1820s as a sentimental space apart from the public world of commerce and politics, the Victorian home transcended its initial association with the private lives of the white, native-born bourgeoisie to cross lines of race, ethnicity, class, and region. Throughout the nineteenth century, home was celebrated as a moral force, domesticity moved freely into the worlds of politics and reform, and home and marketplace repeatedly remade each other.


At Home in Nineteenth-Century America draws upon advice manuals, architectural designs, personal accounts, popular fiction, advertising images, and reform literature to revisit the variety of places Americans called home. Entering into middle-class suburban houses, slave cabins, working-class tenements, frontier dugouts, urban settlement houses, it explores the shifting interpretations and experiences of these spaces from within and without. Nineteenth-century homes and notions of domesticity seem simultaneously distant and familiar. This sense of surprise and recognition is ideal for the study of history, preparing us to view the past with curiosity and empathy, inspiring comparisons to the spaces we inhabit today—malls, movie theaters, city streets, and college campuses. Permitting us to listen closely to the nineteenth century’s sweeping conversation about home in its various guises, At Home in Nineteenth-Century America encourages us to hear our contemporary conversation about the significance and meaning of home anew while appreciating the lingering imprint of past ideals.


Instructor's Guide


Sentimentalism in Nineteenth-Century America: Literary and Cultural Practices

Автор: De Jong Mary G., Bennett Paula Bernat
Название: Sentimentalism in Nineteenth-Century America: Literary and Cultural Practices
ISBN: 1611476054 ISBN-13(EAN): 9781611476057
Издательство: Неизвестно
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Цена: 173190.00 T
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Описание: Tracing the eighteenth-century origins of sentimentalism, the collection illustrates its proliferation in nineteenth-century America. Contributors explore motherhood, education, reform, loss and mourning, and the Civil War`s explosion of the faith in universal feelings and ideas on which sentimentalism was based.

Second disestablishment

Автор: Green, Steven
Название: Second disestablishment
ISBN: 0195399676 ISBN-13(EAN): 9780195399677
Издательство: Oxford Academ
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Цена: 38530.00 T
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Описание: Debates over the proper relationship between church and state in America tend to focus either on the founding period or the twentieth century. Left undiscussed is the long period between the ratification of the Constitution and the 1947 Supreme Court ruling in Everson v. Board of Education,
which mandated that the Establishment Clause applied to state and local governments.

Steven Green illuminates this neglected period, arguing that during the 19th century there was a second disestablishment. By the early 1800s, formal political disestablishment was the rule at the national level, and almost universal among the states. Yet the United States remained a Christian
nation, and Protestant beliefs and values dominated American culture and institutions. Evangelical Protestantism rose to cultural dominance through moral reform societies and behavioral laws that were undergirded by a maxim that Christianity formed part of the law. Simultaneously, law became
secularized, religious pluralism increased, and the Protestant-oriented public education system was transformed. This latter impulse set the stage for the constitutional disestablishment of the twentieth century.

The Second Disestablishment examines competing ideologies: of evangelical Protestants who sought to create a Christian nation, and of those who advocated broader notions of separation of church and state. Green shows that the second disestablishment is the missing link between the Establishment
Clause and the modern Supreme Court's church-state decisions.

A peculiar people: anti-mormonism and the making of religion in nineteenth-century america

Автор: Fluhman J. Spencer
Название: A peculiar people: anti-mormonism and the making of religion in nineteenth-century america
ISBN: 1469618850 ISBN-13(EAN): 9781469618852
Издательство: Mare Nostrum (Eurospan)
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Цена: 30490.00 T
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Описание: Though the U.S. Constitution guarantees the free exercise of religion, it does not specify what counts as a religion. From its founding in the 1830s, Mormonism, a homegrown American faith, drew thousands of converts but far more critics. In "A Peculiar People", J. Spencer Fluhman offers a comprehensive history of anti-Mormon thought and the associated passionate debates about religious authenticity in nineteenth-century America. He argues that understanding anti-Mormonism provides critical insight into the American psyche because Mormonism became a potent symbol around which ideas about religion and the state took shape. Fluhman documents how Mormonism was defamed, with attacks often aimed at polygamy, and shows how the new faith supplied a social enemy for a public agitated by the popular press and wracked with social and economic instability. Taking the story to the turn of the century, Fluhman demonstrates how Mormonism's own transformations, the result of both choice and outside force, sapped the strength of the worst anti-Mormon vitriol, triggering the acceptance of Utah into the Union in 1896 and also paving the way for the dramatic, yet still grudging, acceptance of Mormonism as an American religion.

Alcohol And Nationhood In Nineteenth-Century Mexico

Автор: Toner
Название: Alcohol And Nationhood In Nineteenth-Century Mexico
ISBN: 0803274327 ISBN-13(EAN): 9780803274327
Издательство: Mare Nostrum (Eurospan)
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Цена: 25080.00 T
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Описание: Drawing on an analysis of issues surrounding the consumption of alcohol in a diverse range of source materials, including novels, newspapers, medical texts, and archival records, this lively and engaging interdisciplinary study explores sociocultural nation-building processes in Mexico between 1810 and 1910. Examining the historical importance of drinking as both an important feature of Mexican social life and a persistent source of concern for Mexican intellectuals and politicians, Deborah Toner's Alcohol and Nationhood in Nineteenth-Century Mexico offers surprising insights into how the nation was constructed and deconstructed in the nineteenth century. Although Mexican intellectuals did indeed condemn the physically and morally debilitating aspects of excessive alcohol consumption and worried that particularly Mexican drinks and drinking places were preventing Mexico's progress as a nation, they also identified more culturally valuable aspects of Mexican drinking cultures that ought to be celebrated as part of an "authentic" Mexican national culture. The intertwined literary and historical analysis in this study illustrates how wide-ranging the connections were between ideas about drinking, poverty, crime, insanity, citizenship, patriotism, gender, sexuality, race, and ethnicity in the nineteenth century, and the book makes timely and important contributions to the fields of Latin American literature, alcohol studies, and the social and cultural history of nation-building. Deborah Toner is a lecturer in modern history at the University of Leicester and a leading convener of the Warwick Drinking Studies Network.

Alcohol And Nationhood In Nineteenth-Century Mexico

Автор: Toner
Название: Alcohol And Nationhood In Nineteenth-Century Mexico
ISBN: 0803269749 ISBN-13(EAN): 9780803269743
Издательство: Mare Nostrum (Eurospan)
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Цена: 58520.00 T
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Описание: Drawing on an analysis of issues surrounding the consumption of alcohol in a diverse range of source materials, including novels, newspapers, medical texts, and archival records, this lively and engaging interdisciplinary study explores sociocultural nation-building processes in Mexico between 1810 and 1910. Examining the historical importance of drinking as both an important feature of Mexican social life and a persistent source of concern for Mexican intellectuals and politicians, Deborah Toner's Alcohol and Nationhood in Nineteenth-Century Mexico offers surprising insights into how the nation was constructed and deconstructed in the nineteenth century. Although Mexican intellectuals did indeed condemn the physically and morally debilitating aspects of excessive alcohol consumption and worried that particularly Mexican drinks and drinking places were preventing Mexico's progress as a nation, they also identified more culturally valuable aspects of Mexican drinking cultures that ought to be celebrated as part of an "authentic" Mexican national culture. The intertwined literary and historical analysis in this study illustrates how wide-ranging the connections were between ideas about drinking, poverty, crime, insanity, citizenship, patriotism, gender, sexuality, race, and ethnicity in the nineteenth century, and the book makes timely and important contributions to the fields of Latin American literature, alcohol studies, and the social and cultural history of nation-building. Deborah Toner is a lecturer in modern history at the University of Leicester and a leading convener of the Warwick Drinking Studies Network.

Sentimentalism in Nineteenth-Century America: Literary and Cultural Practices

Автор: De Jong Mary G.
Название: Sentimentalism in Nineteenth-Century America: Literary and Cultural Practices
ISBN: 1611478316 ISBN-13(EAN): 9781611478310
Издательство: Неизвестно
Рейтинг:
Цена: 88880.00 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Tracing the eighteenth-century origins of sentimentalism, the collection illustrates its proliferation in nineteenth-century America. Contributors explore motherhood, education, reform, loss and mourning, and the Civil War`s explosion of the faith in universal feelings and ideas on which sentimentalism was based.

Nineteenth-Century Spanish America: A Cultural History

Автор: Conway Christopher
Название: Nineteenth-Century Spanish America: A Cultural History
ISBN: 082652060X ISBN-13(EAN): 9780826520609
Издательство: Mare Nostrum (Eurospan)
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Цена: 27720.00 T
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Описание: Nineteenth-Century Spanish America: A Cultural History provides a panoramic and accessible introduction to the era in which Latin America took its first steps into the Modern Age. Including colorful characters like circus clowns, prostitutes, bullfighters, street puppeteers, and bestselling authors, this book maps vivid and often surprising combinations of the new and the old, the high and the low, and the political and the cultural. Christopher Conway shows that beneath the diversity of the New World there was a deeper structure of shared patterns of cultural creation and meaning. Whether it be the ways that people of refinement from different countries used the same rules of etiquette, or how commoners shared their stories through the same types of songs, Conway creates a multidisciplinary framework for understanding the culture of an entire hemisphere. The book opens with key themes that will help students and scholars understand the century, such as the civilization and barbarism binary, urbanism, the divide between conservatives and liberals, and transculturation. In the chapters that follow, Conway weaves transnational trends together with brief case studies and compelling snapshots that help us understand the period. How much did books and photographs cost in the nineteenth century? What was the dominant style in painting? What kinds of ballroom dancing were popular? Richly illustrated with striking photographs and lithographs, this is a book that invites the reader to rediscover a past age that is not quite past, still resonating into the present.

Punishment in Paradise: Race, Slavery, Human Rights, and a Nineteenth-Century Brazilian Penal Colony

Автор: Beattie Peter M.
Название: Punishment in Paradise: Race, Slavery, Human Rights, and a Nineteenth-Century Brazilian Penal Colony
ISBN: 0822358301 ISBN-13(EAN): 9780822358305
Издательство: Mare Nostrum (Eurospan)
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Цена: 33400.00 T
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Throughout the nineteenth century the idyllic island of Fernando de Noronha, which lies two hundred miles off Brazil's northeastern coast, was home to Brazil's largest forced labor penal colony. In Punishment in Paradise Peter M. Beattie uses Noronha as a case study to understand nineteenth-century Brazil's varied social and cultural values, especially in relation to justice, class, color, civil condition, human rights and labor. As Brazil’s slave population declined after 1850, the use of colonial-era disciplinary practices at Noronha—such as flogging and forced labor—stoked anxieties about human rights and Brazil’s international image. Beattie contends that the treatment of slaves, convicts, and other social categories subject to coercive labor extraction were interconnected and that reforms that benefitted one of these categories made them harder to deny to others. In detailing Noronha's history and the end of slavery as part of an international expansion of human rights, Beattie places Brazil firmly in the purview of Atlantic history.

Domestic Intimacies: Incest and the Liberal Subject in Nineteenth-Century America

Автор: Connolly Brian
Название: Domestic Intimacies: Incest and the Liberal Subject in Nineteenth-Century America
ISBN: 0812246217 ISBN-13(EAN): 9780812246216
Издательство: Wiley EDC
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Цена: 50330.00 T
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Although it is commonly thought that incest has been taboo throughout history, nineteenth-century Americans evinced a great cultural anxiety that the prohibition was failing. Theologians debated the meaning and limits of biblical proscription, while jurists abandoned such injunctions and invented a new prohibition organized around the nuclear family. Novelists crafted fictional tales of accidental incest resulting from the severed ties between public and private life, while antislavery writers lamented the ramifications of breaking apart enslaved families. Phrenologists and physiologists established reproduction as the primary motivation of the incest prohibition while naturalizing the incestuous eroticism of sentimental family affection. Ethnographers imagined incest as the norm in so-called primitive societies in contrast to modern civilization. In the absence of clear biological or religious limitations, the young republic developed numerous, varied, and contradictory incest prohibitions.
Domestic Intimacies offers a wide-ranging, critical history of incest and its various prohibitions as they were defined throughout the nineteenth century. Historian Brian Connolly argues that at the center of these convergent anxieties and debates lay the idea of the liberal subject: an autonomous individual who acted on his own desires yet was tempered by reason, who enjoyed a life in public yet was expected to find his greatest satisfaction in family and home. Always lurking was the need to exercise personal freedom with restraint; indeed, the valorization of the affectionate family was rooted in its capacity to act as a bulwark against licentiousness. However it was defined, incest was thus not only perceived as a threat to social stability; it also functioned to regulate social relations—within families and between classes as well as among women and men, slaves and free citizens, strangers and friends. Domestic Intimacies overturns conventional histories of American liberalism by placing the fear of incest at the heart of nineteenth-century conflicts over public life and privacy, kinship and individualism, social contracts and personal freedom.


Mexico`s Once and Future Revolution

Автор: Joseph Gilbert M
Название: Mexico`s Once and Future Revolution
ISBN: 0822355175 ISBN-13(EAN): 9780822355175
Издательство: Wiley EDC
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Цена: 97240.00 T
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Описание:

In this concise historical analysis of the Mexican Revolution, Gilbert M. Joseph and Jürgen Buchenau explore the revolution's causes, dynamics, consequences, and legacies. They do so from varied perspectives, including those of campesinos and workers; politicians, artists, intellectuals, and students; women and men; the well-heeled, the dispossessed, and the multitude in the middle. In the process, they engage major questions about the revolution. How did the revolutionary process and its aftermath modernize the nation's economy and political system and transform the lives of ordinary Mexicans? Rather than conceiving the revolution as either the culminating popular struggle of Mexico's history or the triumph of a new (not so revolutionary) state over the people, Joseph and Buchenau examine the textured process through which state and society shaped each other. The result is a lively history of Mexico's "long twentieth century," from Porfirio Díaz's modernizing dictatorship to the neoliberalism of the present day.

Mexico`s Once and Future Revolution: Social Upheaval and the Challenge of Rule Since the Late Nineteenth Century

Автор: Joseph Gilbert M., Buchenau Jurgen, Joseph G. M.
Название: Mexico`s Once and Future Revolution: Social Upheaval and the Challenge of Rule Since the Late Nineteenth Century
ISBN: 0822355329 ISBN-13(EAN): 9780822355328
Издательство: Wiley EDC
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Цена: 24010.00 T
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Описание:

In this concise historical analysis of the Mexican Revolution, Gilbert M. Joseph and Jürgen Buchenau explore the revolution's causes, dynamics, consequences, and legacies. They do so from varied perspectives, including those of campesinos and workers; politicians, artists, intellectuals, and students; women and men; the well-heeled, the dispossessed, and the multitude in the middle. In the process, they engage major questions about the revolution. How did the revolutionary process and its aftermath modernize the nation's economy and political system and transform the lives of ordinary Mexicans? Rather than conceiving the revolution as either the culminating popular struggle of Mexico's history or the triumph of a new (not so revolutionary) state over the people, Joseph and Buchenau examine the textured process through which state and society shaped each other. The result is a lively history of Mexico's "long twentieth century," from Porfirio Díaz's modernizing dictatorship to the neoliberalism of the present day.


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