Introduction

2019 ◽  
pp. 1-10
Author(s):  
Carlton F.W. Larson
Keyword(s):  
Eighteenth Century ◽  
Detailed Analysis ◽  
American Revolution ◽  
Critical Role ◽  
Central Issue ◽  
Declaration Of Independence ◽  
The Law

The Introduction opens with a vignette of James Wilson, prominent attorney and signer of the Declaration of Independence, fighting for his life against members of the Philadelphia militia in the “Fort Wilson” incident of 1779. It then turns to the primary themes of the book: treason and juries. Treason was a central issue of the American Revolution, shaping the early debates over the legality of British actions, the treatment of British adherents, and eventually the suppression of internal rebellions. Juries played a critical role in this process, and this book provides the most detailed analysis of eighteenth-century American jurors yet written. The book focuses on Pennsylvania, as this was the most critical jurisdiction for the law of treason.

A Political Age

2018 ◽  
Author(s):  
Susan Mitchell Sommers
Keyword(s):  
American Revolution ◽  
The Other ◽  
Declaration Of Independence ◽  
Other Hand ◽  
Political Events ◽  
London Corresponding Society

This chapter places Ebenezer and Manoah Sibly in the dramatic political events of their day, especially the American and French Revolutions, and the Treason Trials of the 1790s. Ebenezer is frequently cited as a radical Whig, who opposed slavery and supported the American Revolution and other radical causes. Little is said about Manoah’s politics, other than that as a New Church minister, he was of necessity a loyalist. However, a close examination of Ebenezer’s writing, and especially the timing of the publication of his comments on the American and French Revolutions, reveals him as much more moderate than has been asserted, especially in discussions of his nativity for the Declaration of Independence. On the other hand, Manoah’s work as shorthand taker for the London Corresponding Society and acceptance of Swedenborg’s dramatically radical theology reveal him as a profoundly radical thinker—and one who was moved to act on his convictions.

The Laws of Hammurabi

2020 ◽  
Author(s):  
Pamela Barmash
Keyword(s):  
Eighteenth Century ◽  
Roman Law ◽  
Intellectual Culture ◽  
Biblical Law ◽  
Intellectual Tradition ◽  
Legal Principles ◽  
Copernican Revolution ◽  
The Subject ◽  
The Law

The Laws of Hammurabi is one of the earliest law codes, dating from the eighteenth century BCE Mesopotamia (ancient Iraq). It is the culmination of a tradition in which scribes would demonstrate their legal flair by composing statutes on a repertoire of traditional cases, articulating what they deemed just and fair. The book describes how the scribe of the Laws of Hammurabi advanced beyond earlier scribes in composing statutes that manifest systematization and implicit legal principles. The scribe inserted the statutes into the structure of a royal inscription, skillfully reshaping the genre. This approach allowed the king to use the law code to demonstrate that Hammurabi had fulfilled the mandate to guarantee justice enjoined upon him by the gods, affirming his authority as king. This tradition of scribal improvisation on a set of traditional cases continued outside of Mesopotamia, influencing biblical law and the law of the Hittite Empire and perhaps shaping Greek and Roman law. The Laws of Hammurabi is also a witness to the start of another stream of intellectual tradition. It became a classic text and the subject of formal commentaries, marking a Copernican revolution in intellectual culture.

Slavery and Ransom

2018 ◽  
Author(s):  
Will Smiley
Keyword(s):  
Eighteenth Century ◽  
Ottoman Empire ◽  
Young Men ◽  
Individual Characteristics ◽  
The State ◽  
Customary Law ◽  
Late Eighteenth Century ◽  
Late Eighteenth ◽  
The Law

This chapter explores captives’ fates after their capture, all along the Ottoman land and maritime frontiers, arguing that this was largely determined by individuals’ value for ransom or sale. First this was a matter of localized customary law; then it became a matter of inter-imperial rules, the “Law of Ransom.” The chapter discusses the nature of slavery in the Ottoman Empire, emphasizing the role of elite households, and the varying prices for captives based on their individual characteristics. It shows that the Ottoman state participated in ransoming, buying, exploiting, and sometimes selling both female and male captives. The state particularly needed young men to row on its galleys, but this changed in the late eighteenth century as the fleet moved from oars to sails. The chapter then turns to ransom, showing that a captive’s ability to be ransomed, and value, depended on a variety of individualized factors.

Sententiousness and the Novel: Laying Down the Law in Eighteenth-Century French Fiction.

1987 ◽  
Vol 20 (4) ◽  
pp. 483
Author(s):  
Peggy Kamuf ◽  
Geoffrey Bennington
Keyword(s):  
Eighteenth Century ◽  
The Novel ◽  
The Law

Patriot vs. Patriot: Social Conflict in Virginia and the Origins of the American Revolution

2000 ◽  
Vol 34 (2) ◽  
pp. 231-256
Author(s):  
MICHAEL A. McDONNELL ◽  
WOODY HOLTON
Keyword(s):  
American Revolution ◽  
North American ◽  
Social Conflict ◽  
George Washington ◽  
Social Consensus ◽  
Declaration Of Independence ◽  
War Of Independence ◽  
Mount Vernon ◽  
Widespread Agreement ◽  
Northern County

Virginia, Britain's most populous and arguably most important North American colony, once seemed the perfect fit for the “consensus” interpretation of the War of Independence. Indeed, the percentage of white colonists who became loyalists was probably lower in Virginia than in any other rebelling colony. The widespread agreement on secession from Britain should not, however, be mistaken for social consensus. The reality was that revolutionary Virginia was frequently in turmoil. One of the most intriguing of the local insurrections broke out in the northern county of Loudoun just five months before the Declaration of Independence. In February 1776, the county erupted into a heated confrontation pitting gentlemen against their less wealthy neighbours. Lund Washington, who was managing Mount Vernon, warned his cousin, General George Washington, who was outside Boston training his fledgeling patriot army, that the “first Battle we have in this part of the Country will be in Loudon” – not against British soldiers, but against fellow patriots. Within a week, the revolutionary government in Williamsburg, the Committee of Safety, felt compelled to send troops to quell the disturbances. Yet, for months afterwards, gentry Virginians worried that their effort to suppress the rebellion had failed. In mid-May, Andrew Leitch told Leven Powell of Loudoun, “I really lament the torn and distracted condition of your County.” The “troublesome times,” as another gentleman called them, were slow to abate.

Married Women Bankrupts in the Age of Coverture

2009 ◽  
Vol 34 (02) ◽  
pp. 265-299 ◽  
Author(s):  
Karen Pearlston
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
Married Woman ◽  
Married Women ◽  
Separate Property ◽  
The Law

Many married women with separate property held their property as stock‐in‐trade and traded independently from their husbands. However, if the business failed, a married woman trader's ability to take advantage of bankruptcy process depended on the exception to coverture according to which she held her separate property. This article is the first to examine reported bankruptcy cases involving married women in their doctrinal context and in relation to other exceptions to coverture. It analyzes the issues arising in the eighteenth century and argues that they should be understood in relation to the larger picture of married women's law, especially the law of private separation. The article also considers the oblique relationship between private separation jurisprudence and married women's bankruptcy in the nineteenth century, a relationship that was bridged by a line of cases that, on the surface, seem to be unrelated.

English Foundations of American Law, 1500s–1776

2018 ◽  
pp. 48-74
Author(s):  
John B. Nann ◽  
Morris L. Cohen
Keyword(s):  
Eighteenth Century ◽  
Common Law ◽  
Case Law ◽  
Case Finding ◽  
Colonial Period ◽  
Legal Issue ◽  
Good Case ◽  
American Law ◽  
English Law ◽  
The Law

This chapter describes current sources and techniques useful for finding seventeenth- and eighteenth-century laws of England and introduces some methods an attorney in England in the seventeenth and eighteenth centuries might have used. Before researchers can find the law, they must know what was considered to be the source of law in the period being investigated. Reporting, publishing, and finding cases has been important in English law for centuries. Parliamentary enactments during the colonial period also play an important part in the framework surrounding any particular legal issue. Meanwhile, English law is built on a foundation of common law, which is built on case law. As such, finding cases that relate to a particular topic is critical in research. A good case-finding option is a digest of cases; these have been written over the centuries, as have abridgments and treatises on particular areas of law.

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