The Eighteenth-Century Anglo-American Constitution and Foreign Affairs

1994 ◽  
Vol 12 (1) ◽  
pp. 95-121 ◽  
Author(s):  
James Oldham

Mirjan Damaška, in his 1973 comparative study of criminal procedure in the Anglo-American and continental traditions, asserts that “the continental non-adversary system of procedure is more committed to the search for truth than is the Anglo-American adversary system.” He reasons that the stronger procedural obstacles to truth-finding in the adversary system derive from a collective horror of convicting innocent people.


Author(s):  
D.H. Robinson

This chapter shows how ideas about Britain’s unique destiny shaped shifting conceptions of American identity during the imperial crisis. The conflicts of the mid-eighteenth century bequeathed to colonists the hope of British hegemony in the European world. This hegemony was to be geopolitical, but also cultural, reflecting the triumph of a Shaftesburian Anglo-French Kulturkampf over the Berkeleian idea of Anglo-American translatio imperii and translatio studii. The sense of America’s contribution to this destiny acted as an important catalyst for the development of a discretely American sense of corporate honour. This process was intensified by the idea of British guardianship over an international order of free states, which allowed colonists to identify themselves with a brotherhood of free people as an alternative to the British imperial community, grounded in new understandings of history that undercut the traditional mores of Hanoverian loyalism.


Author(s):  
Mark Somos

This chapter explores Carlo Sigonio’s long-term impact by zooming in on the nascent United States of America. It shows that Sigonio was seen as a leading comparative constitutional historian and one of the most cited authorities that would-be reformers turned to in the intense debate on the reform of the British imperial constitution in the second half of the eighteenth century. His analyses of the Roman Empire yielded timeless lessons for metropolitan and colonial administrators alike. Most importantly, Sigonio structured his studies of Roman, Athenian, Hebrew, and medieval Italian laws and customs in a way that revealed these complex historical states’ constitutional essence, making comparative analysis possible. This chapter shows why American lawyers, British politicians, and merchants and soldiers with a true British–American identity, explicitly drew on Sigonio’s analysis of Roman colonization in several reform plans for the British Empire, with particular attention to the American colonies.


Author(s):  
Allen C. Guelzo

‘Pietism’ refers to a Protestant reform movement, arising in the late 1600s in Lutheran Germany, which turned away from contests over theological and dogmatic identity in Protestant confessionalism and urged renewed attention to questions of personal piety and devotion. As such, it has only the most tenuous historical connections to the Christocentric piety of the devotio moderna or the northern humanist piety of Erasmus or Zwingli. It found its first major voice in P.J. Spener and A.H. Francke, and established its principal centres of influence at the state university at Halle in 1691 and the Moravian community at Herrnhut in 1722. Pietism found followers and allies in the European Reformed churches, in the Church of England (especially through the example of John and Charles Wesley and through the Moravian exile community in England), and in Britain’s English-speaking colonies. In the colonies, pietism not only found Lutheran and Reformed colonial hosts, but also saw in New England Puritanism a movement of similar aspirations. Pietism’s impact on the spirituality of western Europe and America was clearly felt in the eighteenth-century Protestant Awakenings, and continues to have an influence in the shape of Anglo-American evangelicalism.


2019 ◽  
Vol 37 (03) ◽  
pp. 861-866
Author(s):  
Kevin Arlyck

Anyone who picks up a recent volume of the United States Reports or a prominent legal journal will be sure to find judges and lawyers debating, in agonizing detail, the meaning of a particular word or phrase in the Constitution. Marshaling late-eighteenth century dictionaries and legal treatises, records of debates from the drafting and ratifying conventions, and well-thumbed copies of the Federalist Papers, modern constitutional interlocutors will scrutinize text, structure, and history to discern an inherent logic. Above all, although disputants will endlessly contest what a particular provision means, they largely agree on what the Constitution itself is: as Jonathan Gienapp puts it in The Second Creation: Fixing the American Constitution in the Founding Era, “an artifact circumscribed in time and space,” the “fixed Constitution” that we have been collectively dissecting since the late 1780s (10).


Grotiana ◽  
2020 ◽  
Vol 41 (1) ◽  
pp. 137-162
Author(s):  
Mark Somos ◽  
Joshua Smeltzer

This article recovers James Brown Scott’s conviction in American exceptionalism, a belief that underlay both his institutional work as well as his understanding of the origins and trajectory of international law. In the first section, we discuss Scott’s interpretation of Hugo Grotius as part of his tactic to make US foreign affairs policies and perspectives more compelling by presenting them as universal. In the second section, we argue that Scott’s writings on the Spanish origins of international law were in fact meant to protect Anglo-American hegemony and US influence in the Americas in the face of rapidly changing geopolitical pressures. In the final section we suggest that Scott’s US exceptionalism is reflected in his use of the United States Constitution and Supreme Court as a model for key international organizations. We conclude that Scott reframed Vitoria not to redress American bias but to enshrine it.


Author(s):  
Jennifer Van Horn

Over the course of the eighteenth century, Anglo-Americans purchased an unprecedented number and array of goods. This book investigates these diverse artifacts—from portraits and city views to gravestones, dressing furniture, and prosthetic devices—to explore how elite American consumers assembled objects to form a new civil society on the margins of the British Empire. In this interdisciplinary transatlantic study, artifacts emerge as key players in the formation of Anglo-American communities and, eventually, of American citizenship. Interweaving analysis of paintings and prints with furniture, architecture, textiles, and literary works, the book reconstructs the networks of goods that bound together consumers in Boston, New York City, Philadelphia, and Charleston, S.C. Moving beyond emulation and the desire for social status as the primary motivators for consumption, this work illuminates that Anglo-Americans’ material choices were intimately bound up with their efforts to institute civility and to distance themselves from native Americans and African Americans. It also traces colonial women’s contested place in forging provincial culture in British America. As encountered through a woman’s application of makeup at her dressing table or an amputee’s donning of a wooden leg after the Revolutionary War, material artifacts were far from passive markers of rank or political identification. Instead, they actively participated in making Anglo-American society.


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