Conclusion

2017 ◽  
Author(s):  
Amalia D. Kessler
Keyword(s):  
Nineteenth Century ◽  
Due Process ◽  
Legal Culture ◽  
The United States ◽  
High Price ◽  
Late Nineteenth Century ◽  
Access To Justice ◽  
Regulatory State ◽  
Starting Point ◽  
History Of

The Conclusion reflects on the accuracy of the nineteenth-century American perception that the United States possessed a distinctively adversarial legal culture and considers how developments traced in this book relate to the present. A comparative overview of nineteenth-century continental European and English civil procedure reveals that Americans were correct that their legal culture was uniquely adversarial. But the postbellum emergence of industrialization and concomitant birth of the regulatory state gave rise to new specialist lawyers, valued more for their expertise and negotiating skills than for their ability to litigate. The path connecting the late nineteenth-century zenith of adversarialism to the present was thus indirect. Nonetheless, the Conclusion argues that the history recounted in this book contributed to making American legal culture today distinctively adversarial. And it suggests that, while there are virtues to adversarialism, Americans have paid a high price for this inheritance—including comparatively greater difficulty in obtaining access to justice. Although a comprehensive reform proposal lies beyond this book, the Conclusion explores some nonadversarial possibilities raised by Americans’ forgotten history of equity and conciliation courts. The starting point, it argues, is to abandon the (constructed and contingent) assumption that due process and adversarial procedure are necessarily the same.

Inventing American Exceptionalism

2017 ◽  
Author(s):  
Amalia D. Kessler
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
Civil War ◽  
White Supremacy ◽  
American Exceptionalism ◽  
Legal Culture ◽  
The United States ◽  
Access To Justice ◽  
History Of ◽  
The Law

It is widely accepted that American procedure—and indeed American legal culture as a whole—are adversarial (and distinctively so). Yet, precisely because this assumption is so deep-rooted, we have no history of how American adversarialism arose. This book provides such a history. It shows that the United States long employed not only lawyer-empowering adversarial procedure, but also various forms of more judge-dependent, quasi-inquisitorial procedure—including the equity tradition borrowed from England and, to a lesser extent, conciliation courts transplanted from continental Europe. However, the United States largely abandoned quasi-inquisitorial procedure by the close of the Civil War and Reconstruction, committing itself to lawyer-driven adversarialism. In explaining this turn to the adversarial, the book looks to developments both internal and external to the law. Among the key internalist factors on which the book focuses are the rise of the previously unknown category of “procedure”, as well as a set of seemingly small changes in the approach to taking testimony before equity-court officials known as masters in chancery, which ended up having unintended systemic consequences. So, too, from a more externalist perspective, the book traces how advocacy of adversarialism became intimately linked with demands for a largely unregulated market and the preservation of white supremacy. The product of deep-rooted inheritances, as well as more immediate and contingent occurrences, the nineteenth-century embrace of adversarsarialism would prove deeply consequential, shaping Americans’ experience of the law down to the present, often in ways that constrain rather than expand access to justice.

The Modernities of H. Lawrence Freeman

2019 ◽  
Vol 72 (3) ◽  
pp. 719-779
Author(s):  
David Gutkin
Keyword(s):  
Nineteenth Century ◽  
New York ◽  
Reception History ◽  
Black Press ◽  
Late Nineteenth Century ◽  
Starting Point ◽  
History Of ◽  
Late Nineteenth ◽  
White Press ◽  
Grand Opera

H. Lawrence Freeman's “Negro Jazz Grand Opera,” Voodoo, was premiered in 1928 in Manhattan's Broadway district. Its reception bespoke competing, racially charged values that underpinned the idea of the “modern” in the 1920s. The white press critiqued the opera for its allegedly anxiety-ridden indebtedness to nineteenth-century European conventions, while the black press hailed it as the pathbreaking work of a “pioneer composer.” Taking the reception history of Voodoo as a starting point, this article shows how Freeman's lifelong project, the creation of what he would call “Negro Grand Opera,” mediated between disparate and sometimes apparently irreconcilable figurations of the modern that spanned the late nineteenth century through the interwar years: Wagnerism, uplift ideology, primitivism, and popular music (including, but not limited to, jazz). I focus on Freeman's inheritance of a worldview that could be called progressivist, evolutionist, or, to borrow a term from Wilson Moses, civilizationist. I then trace the complex relationship between this mode of imagining modernity and subsequent versions of modernism that Freeman engaged with during the first decades of the twentieth century. Through readings of Freeman's aesthetic manifestos and his stylistically syncretic musical corpus I show how ideas about race inflected the process by which the qualitatively modern slips out of joint with temporal modernity. The most substantial musical analysis examines leitmotivic transformations that play out across Freeman's jazz opera American Romance (1924–29): lions become subways; Mississippi becomes New York; and jazz, like modernity itself, keeps metamorphosing. A concluding section considers a broader set of questions concerning the historiography of modernism and modernity.

History of Testing in the United States: PK–12 Education

2019 ◽  
Vol 683 (1) ◽  
pp. 22-37 ◽  
Author(s):  
Maris A. Vinovskis
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
No Child Left Behind ◽  
Federal Government ◽  
The United States ◽  
Late Nineteenth Century ◽  
National Education ◽  
The Past ◽  
History Of ◽  
K 12

This article provides a brief history of K–12 education testing in the United States from colonial America to the present. In early America, students were examined orally. After the mid-nineteenth century, written tests replaced oral presentations. In the late nineteenth century, graded schools gradually replaced the single-teacher, one-room schools. In the beginning of the twentieth century, standardized intelligence tests were increasingly used to categorize and promote students. State departments of education have played a larger role in local school funding and policies in the past hundred years. Since the 1960s, the federal government has expanded its involvement in national education while also promoting the role of states. During the past three decades, the federal government and states increased the use of high-stakes national testing with initiatives such as America 2000, Goals 2000, No Child Left Behind, and Every Student Succeeds.

scholarly journals Brief History of Islamic Civilization from Its Genesis in the Late Nineteenth Century to Its Institutional Entrenchment

2020 ◽  
Vol 28 (1) ◽  
pp. 150-173
Author(s):  
Kevin Van Bladel
Keyword(s):  
Nineteenth Century ◽  
General Education ◽  
Social Power ◽  
The United States ◽  
Late Nineteenth Century ◽  
University Of Chicago ◽  
History Of ◽  
Late Nineteenth ◽  
Islamic Civilization ◽  
The University

This article sketches the early history of Islamic civilization from its genesis in the late nineteenth century to its institutionalization in the twentieth. Key moments include its enshrinement in journals and a monumental encyclopedia and the flight of European Semitists to the United States. Its institutionalization in the undergraduate curriculum at the University of Chicago in 1956 created a successful model for the subsequent dissemination of Islamic civilization. Working in a committee on general education (the core curriculum) in the social sciences at the University of Chicago, Marshall Hodgson inaugurated Islamic civilization as a subject of university study that was not just for specialists but available to American college students as fulfilling a basic requirement in a liberal arts education. Many other universities followed this practice. Since then, Islamic civilization has come to be shared by the educated public. Today it is an internationally accepted and wellfunded entity that confers contested social power but still lacks analytical power. 

Cities of Zion

2017 ◽  
Vol 17 (1) ◽  
pp. 42-66
Author(s):  
Samuel Avery-Quinn
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
The United States ◽  
Town Planning ◽  
Late Nineteenth Century ◽  
Planning History ◽  
Camp Meeting ◽  
History Of ◽  
Planning Strategies ◽  
Late Nineteenth

In the late nineteenth century, camp meeting towns were a common feature of the American landscape. The boards of Methodist ministers and laity overseeing these towns adopted management and planning strategies drawn from movements for romantic suburbs, sanitary reform, and urban parks. The strategies these Methodists adopted represent a practice of vernacular planning crafted decades before the professionalization of the discipline in the United States. Analysis of the planning history of two sites—Ocean Grove, NJ, and Round Lake, NY—reveals factors shaping this development of Methodistic town planning.

scholarly journals The History of Nordic Legal Culture and Court Culture: The Story of What Should not Have Been, but Still Came to Be

2021 ◽  
pp. 49-67
Author(s):  
Jørn Øyrehagen Sunde
Keyword(s):  
Nineteenth Century ◽  
Building Blocks ◽  
Legal Culture ◽  
Nordic Countries ◽  
Late Nineteenth Century ◽  
Court Culture ◽  
Legal Language ◽  
Legal Procedure ◽  
Legal Professionals ◽  
History Of

AbstractThe story of the making of a Nordic legal culture and court culture appears, at first glance, to be a story of what should not have been. Culture is about commonalities arising from common experiences. However, the similarities between the Nordic countries’ political history are limited, with no common institutions before the late nineteenth century, large language similarities but no common legal language, and—most importantly—no common legal procedure. Still, the natural conditions in the very north of Europe came to shape the political and legal systems in similar ways, stimulating the desire to create a Nordic legal culture in the second half of the nineteenth century, with the Nordic Meeting for Lawyers playing a crucial role. Hence, law in the Nordic countries shares several characteristics today: a strong legislative tradition and strong courts with lay participation, accessible legal language in legislation and court decisions and orality in legal procedure, a small number of legal professionals and a small and pragmatic legal science. These characteristics can be viewed as building blocks in an overarching characteristic of Nordic legal culture and court culture: dialogue.

The Temperance Movement in India: Politics and Social Reform

1976 ◽  
Vol 10 (3) ◽  
pp. 417-447 ◽  
Author(s):  
Lucy Carroll
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
Twentieth Century ◽  
Social Reform ◽  
The United States ◽  
Late Nineteenth Century ◽  
Temperance Movement ◽  
The Social ◽  
History Of ◽  
Late Nineteenth

The temperance/prohibition agitation represents a fascinating chapter in the social and political history of India which has been largely ignored. If any notice is taken of this movement, it is generally dismissed (or elevated) as an example of the uniquely Indian process of ‘sanskritization’ or as an equally unique component of ‘Gandhianism’—in spite of the fact that the liquor question has not been without political importance in the history either of England or of the United States. And in spite of the fact that the temperance agitation in India in the late nineteenth century and well into the twentieth century was intimately connected with temperance agitation in England. Indeed the temperance movement in India was organized, patronized, and instructed by English temperance agitators.

scholarly journals Introduction to the Issue

2009 ◽  
Vol 6 (1) ◽  
pp. 3-5
Author(s):  
Katherine K. Preston
Keyword(s):  
Nineteenth Century ◽  
The United States ◽  
American Music ◽  
Point Of View ◽  
Musical Life ◽  
Nineteenth Century America ◽  
Starting Point ◽  
History Of ◽  
The Subject ◽  
The Many

The history of music in nineteenth-century America, and the place of music within American culture of the period, is an area of scholarly inquiry that recently has received increased attention. It is also, as the varied articles collected in this issue illustrate, a complex topic and an area ripe for much additional research. The four articles deal with different aspects of nineteenth-century American music history and culture; in each, however, there are also areas of overlap and intersection. All four authors use as a starting point issues that have already been the subject of some scholarly attention, and examine these topics either more thoroughly or from a new theoretical or contextual point of view. The resulting aggregate should help readers to understand better a complicated and under-explored world, for all four articles highlight the complexity of musical life in America and explore some of the many ways that cultural life in the United States reflected and resonated with that of Europe. All four authors, furthermore, either hint at or explicitly mention areas that are ripe for further research.

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