Law And The Borders Of Belonging In The Long Nineteenth Century United States

For more than a generation, historians and legal scholars have documented inequalities at the heart of American law and daily life and exposed inconsistencies in the generic category of "American citizenship." Welke draws on that wealth of historical, legal, and theoretical scholarship to offer a new paradigm of liberal selfhood and citizenship from the founding of the United States through the 1920s. Law and the Borders of Belonging questions understanding this period through a progressive narrative of expanding rights, revealing that it was characterized instead by a sustained commitment to borders of belonging of liberal selfhood, citizenship, and nation in which able white men's privilege depended on the subject status of disabled persons, racialized others, and women. Welke's conclusions pose challenging questions about the modern liberal democratic state that extend well beyond the temporal and geographic boundaries of the long nineteenth century United States.

Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.

In the late nineteenth century the United States oversaw a great increase in extraterritorial claims, boundary disputes, extradition controversies, and transborder abduction and interdiction. In this sweeping history of the underpinnings of American empire, Daniel S. Margolies offers a new frame of analysis for historians to understand how novel assertions of legal spatiality and extraterritoriality were deployed in U.S. foreign relations during an era of increased national ambitions and global connectedness. Whether it was in the Mexican borderlands or in other hot spots around the globe, Margolies shows that American policy responded to disputes over jurisdiction by defining the space of law on the basis of a strident unilateralism. Especially significant and contested were extradition regimes and the exceptions carved within them. Extradition of fugitives reflected critical questions of sovereignty and the role of the state in foreign affair during the run-up to overseas empire in 1898. Using extradition as a critical lens, Spaces of Law in American Foreign Relations examines the rich embeddedness of questions of sovereignty, territoriality, legal spatiality, and citizenship and shows that U.S. hegemonic power was constructed in significant part in the spaces of law, not simply through war or trade.

Nineteenth-century America witnessed some of the most important and fruitful areas of intersection between the law and humanities, as people began to realize that the law, formerly confined to courts and lawyers, might also find expression in a variety of ostensibly non-legal areas such as painting, poetry, fiction, and sculpture. Bringing together leading researchers from law schools and humanities departments, this Companion touches on regulatory, statutory, and common law in nineteenth-century America and encompasses judges, lawyers, legislators, litigants, and the institutions they inhabited (courts, firms, prisons). It will serve as a reference for specific information on a variety of law- and humanities-related topics as well as a guide to understanding how the two disciplines developed in tandem in the long nineteenth century.

A Pulitzer Prize–winning historian’s "breathtakingly original" (Junot Diaz) reinterpretation of the eight decades surrounding the Civil War. "Capatious [and] buzzing with ideas." --The Boston Globe Volume 3 in the Penguin History of the United States, edited by Eric Foner In this ambitious story of American imperial conquest and capitalist development, Pulitzer Prize–winning historian Steven Hahn takes on the conventional histories of the nineteenth century and offers a perspective that promises to be as enduring as it is controversial. It begins and ends in Mexico and, throughout, is internationalist in orientation. It challenges the political narrative of “sectionalism,” emphasizing the national footing of slavery and the struggle between the northeast and Mississippi Valley for continental supremacy. It places the Civil War in the context of many domestic rebellions against state authority, including those of Native Americans. It fully incorporates the trans-Mississippi west, suggesting the importance of the Pacific to the imperial vision of political leaders and of the west as a proving ground for later imperial projects overseas. It reconfigures the history of capitalism, insisting on the centrality of state formation and slave emancipation to its consolidation. And it identifies a sweeping era of “reconstructions” in the late-nineteenth and early twentieth centuries that simultaneously laid the foundations for corporate liberalism and social democracy. The era from 1830 to 1910 witnessed massive transformations in how people lived, worked, thought about themselves, and struggled to thrive. It also witnessed the birth of economic and political institutions that still shape our world. From an agricultural society with a weak central government, the United States became an urban and industrial society in which government assumed a greater and greater role in the framing of social and economic life. As the book ends, the United States, now a global economic and political power, encounters massive warfare between imperial powers in Europe and a massive revolution on its southern border―the remarkable Mexican Revolution―which together brought the nineteenth century to a close while marking the important themes of the twentieth.

Revolutions and Reconstructions gathers historians of the early republic, the Civil War era, and African American and political history to consider not whether black people participated in the politics of the nineteenth century but how, when, and with what lasting effects. Collectively, its authors insist that historians go beyond questioning how revolutionary the American Revolution was, or whether Reconstruction failed, and focus, instead, on how political change initiated by African Americans and their allies constituted the rule in nineteenth-century American politics, not occasional and cataclysmic exceptions. The essays in this groundbreaking collection cover the full range of political activity by black northerners after the Revolution, from cultural politics to widespread voting, within a political system shaped by the rising power of slaveholders. Conceptualizing a new black politics, contributors observe, requires reorienting American politics away from black/white and North/South polarities and toward a new focus on migration and local or state structures. Other essays focus on the middle decades of the nineteenth century and demonstrate that free black politics, not merely the politics of slavery, was a disruptive and consequential force in American political development. From the perspective of the contributors to this volume, formal black politics did not begin in 1865, or with agitation by abolitionists like Frederick Douglass in the 1840s, but rather in the Revolutionary era's antislavery and citizenship activism. As these essays show, revolution, emancipation, and Reconstruction are not separate eras in U.S. history, but rather linked and ongoing processes that began in the 1770s and continued through the nineteenth century. Contributors: Christopher James Bonner, Kellie Carter Jackson, Andrew Diemer, Laura F. Edwards, Van Gosse, Sarah L. H. Gronningsater, M. Scott Heerman, Dale Kretz, Padraig Riley, Samantha Seeley, James M. Shinn Jr., David Waldstreicher.

In a largely previously untold story, from 1865 to 1950, black litigants throughout the South took on white southerners in civil suits. Drawing on almost a thousand cases, Milewski shows how African Americans negotiated the southern legal system and won suits against whites after the Civil War and before the Civil Rights struggle

Beyond Gender Binaries uses a feminist, intersectional, and invitational approach to understanding identities and how they relate to communication. Taking readers outside the familiar binary constructions of gender and identity, Cindy L. Griffin addresses—through a feminist intersectional lens—communication, identity, power and privilege, personhood and citizenship, safety in public and private spaces, and hegemony and colonialism. Twelve chapters focus on critical learning through careful exploration of key terms and concepts. Griffin illustrates these with historical and contemporary examples and provides concrete guides to intersectional approaches to communication. This textbook highlights not just the ways individuals, systems, structures, and institutions use communication to privilege particular identities discursively and materially, but also the myriad ways that communication can be used to disrupt privilege and respectfully acknowledge the nonbinary and intersectional nature of every person’s identity. Key features include: Intersectional approaches to explaining and understanding identities and communication are the foundation of each chapter and inform the presentation of information throughout the book. Contemporary and historical examples are included in every chapter, highlighting the intersectional nature of identity and the role of communication in our interactions with other people. Complex and challenging ideas are presented in clear, respectful, and accessible ways throughout the book.