The University of North Carolina Press / Collection : Studies in Legal History

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Custom, Kinship, and Gifts to Saints

by Stephen D. White The University of North Carolina Press (July 25, 2018)

White combines an intensive study of medieval law with insights from anthropology, religion, and social history to create a picture of French society in the Middle Ages which is impressive in its breadth and...


The Republic according to John Marshall Harlan

by Linda Przybyszewski The University of North Carolina Press (July 25, 2018)

Supreme Court Justice John Marshall Harlan (1833-1911) is best known for condemning racial segregation in his dissent from Plessy v. Ferguson in 1896, when he declared, "Our Constitution is color-blind." But...


Prison and Plantation

by Michael S. Hindus The University of North Carolina Press (November 01, 2017)

This broad, comparative study examines the social, economic, and legal contexts of crime and authority in two vastly different states over a one hundred year period. Massachusetts--an urban, industrial, and...


The Rule of Law

by Richard A. Cosgrove The University of North Carolina Press (November 01, 2017)

So commonplace has the term rule of law become that few recognize its source as Dicey's Introduction to the Study of the Law of the Constitution. Cosgrove examines the life and career of Dicey, the most influential...


On the Laws and Customs of England

by Morris S. Arnold, Thomas A. Green, Sally A. Scully & Stephen D. White The University of North Carolina Press (December 01, 2017)

Investigating a wide range of problems in the development of English law, this collection of original essays honors the contributions of Samuel D. Thorne to the study of English legal history from the eleventh...


Sir Edward Coke and 'The Grievances of the Commonwealth,' 1621-1628

by Stephen D. White The University of North Carolina Press (October 10, 2017)

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...


Faithful Magistrates and Republican Lawyers

by A. G. Roeber The University of North Carolina Press (October 10, 2017)

Until the mid-1700s, law was not thought of as a science or profession. Most Virginians adhered to the English country tradition that considered law to be a local and personal affair. The growth of cities and...


Dispute and Conflict Resolution in Plymouth County, Massachusetts, 1725-1825

by William E. Nelson The University of North Carolina Press (October 10, 2017)

Nelson identifies three principal institutions involved in conflict resolution: the twon meeting, the church congregation, and the courts of law. He subsequently determines the type of cases over which each...


The Roots of Justice

by Lawrence M. Friedman & Robert V. Percival The University of North Carolina Press (October 10, 2017)

Focusing on a single county at a time when the population grew from 24,000 to 246,000, the authors combine statistical analysis of documentary sources, contemporary newspaper accounts, and exploration in criminal...


The Bar and the Old Bailey, 1750-1850

by Allyson N. May The University of North Carolina Press (December 01, 2015)

Allyson May chronicles the history of the English criminal trial and the development of a criminal bar in London between 1750 and 1850. She charts the transformation of the legal process and the evolution of...


Underdevelopment and the Development of Law

by Robert C. Means The University of North Carolina Press (August 01, 2016)

Means provides the first major study of both the historical development of private law in a Latin American country and the shifting role of business corporations or share companies in Latin American development....


Neighbors and Strangers

by Bruce H. Mann The University of North Carolina Press (June 30, 2016)

Combining legal and social history, Bruce Mann explores the relationship between law and society from the mid-seventeenth century to the eve of the Revolution. Analyzing a sample of more than five thousand civil...


Law School

by Robert Stevens The University of North Carolina Press (July 01, 2016)

In this first general history of legal education, Stevens traces the development of law schools, the legal profession, and legal thought, relating their evolution to intellectual, political, and social trends....


Women and the Law of Property in Early America

by Marylynn Salmon The University of North Carolina Press (August 01, 2016)

In this first comprehensive study of women's property rights in early America, Marylynn Salmon discusses the effect of formal rules of law on women's lives. By focusing on such areas such as conveyancing, contracts,...


The Legalist Reformation

by William E. Nelson The University of North Carolina Press (January 14, 2003)

Based on a detailed examination of New York case law, this pathbreaking book shows how law, politics, and ideology in the state changed in tandem between 1920 and 1980. Early twentieth-century New York was the...


Governing the Hearth

by Michael Grossberg The University of North Carolina Press (January 21, 2004)

Presenting a new framework for understanding the complex but vital relationship between legal history and the family, Michael Grossberg analyzes the formation of legal policies on such issues as common law marriage,...


Slavery on Trial

by Jeannine Marie DeLombard The University of North Carolina Press (June 01, 2009)

America's legal consciousness was high during the era that saw the imprisonment of abolitionist editor William Lloyd Garrison, the execution of slave revolutionary Nat Turner, and the hangings of John Brown...


Masters, Servants, and Magistrates in Britain and the Empire, 1562-1955

by Douglas Hay & Paul Craven The University of North Carolina Press (October 12, 2005)

Master and servant acts, the cornerstone of English employment law for more than four hundred years, gave largely unsupervised, inferior magistrates wide discretion over employment relations, including the power...


The Anti-Rent Era in New York Law and Politics, 1839-1865

by Charles W. McCurdy The University of North Carolina Press (June 19, 2003)

A compelling blend of legal and political history, this book chronicles the largest tenant rebellion in U.S. history. From its beginning in the rural villages of eastern New York in 1839 until its collapse in...


Law and Identity in Mandate Palestine

by Assaf Likhovski The University of North Carolina Press (December 08, 2006)

One of the major questions facing the world today is the role of law in shaping identity and in balancing tradition with modernity. In an arid corner of the Mediterranean region in the first decades of the twentieth...


The Farmer's Benevolent Trust

by Victoria Saker Woeste The University of North Carolina Press (November 09, 2000)

Americans have always regarded farming as a special calling, one

imbued with the Jeffersonian values of individualism and self-

sufficiency. As Victoria Saker Woeste demonstrates, farming's

cultural image continued...


Inventing the Criminal

by Richard F. Wetzell The University of North Carolina Press (June 19, 2003)

Recent years have witnessed a resurgence of biological research into the causes of crime, but the origins of this kind of research date back to the late nineteenth century. Here, Richard Wetzell presents the...


The Invention of Free Labor

by Robert J. Steinfeld The University of North Carolina Press (February 01, 2014)

Examining the emergence of the modern conception of free labor--labor that could not be legally compelled, even though voluntarily agreed upon--Steinfeld explains how English law dominated the early American...


The Transformation of Criminal Justice

by Allen Steinberg The University of North Carolina Press (November 09, 2000)

Allen Steinberg brings to life the court-centered criminal justice system of nineteenth-century Philadelphia, chronicles its eclipse, and contrasts it to the system -- dominated by the police and public prosecutor...


Law, Land, and Family

by Eileen Spring The University of North Carolina Press (November 09, 2000)

Eileen Spring presents a fresh interpretation of the history of inheritance among the English gentry and aristocracy. In a work that recasts both the history of real property law and the history of the family,...


American Legal Realism and Empirical Social Science

by John Henry Schlegel The University of North Carolina Press (November 09, 2000)

John Henry Schlegel recovers a largely ignored aspect of American Legal Realism, a movement in legal thought in the 1920s and 1930s that sought to bring the modern notion of empirical science into the study...


Laws Harsh As Tigers

by Lucy E. Salyer The University of North Carolina Press (November 09, 2000)

Focusing primarily on the exclusion of the Chinese, Lucy Salyer analyzes the popular and legal debates surrounding immigration law and its enforcement during the height of nativist sentiment in the early twentieth...


Beyond the Prison Gates

by Warren Rosenblum The University of North Carolina Press (September 01, 2012)

Germany today has one of the lowest incarceration rates in the industrialized world, and social welfare principles play an essential role at all levels of the German criminal justice system. Warren Rosenblum...


Crimes against Children

by Stephen Robertson The University of North Carolina Press (March 08, 2006)

In the first half of the twentieth century, Americans' intense concern with sex crimes against children led to a wave of public discussion, legislative action, and criminal prosecution. Stephen Robertson provides...


Before Eminent Domain

by Susan Reynolds The University of North Carolina Press (March 01, 2010)

In this concise history of expropriation of land for the common good in Europe and North America from medieval times to 1800, Susan Reynolds contextualizes the history of an important legal doctrine regarding...


English Law in the Age of the Black Death, 1348-1381

by Robert C. Palmer The University of North Carolina Press (November 09, 2000)

Robert Palmer's pathbreaking study shows how the Black Death triggered massive changes in both governance and law in fourteenth-century England, establishing the mechanisms by which the law adapted to social...


Selling the Church

by Robert C. Palmer The University of North Carolina Press (October 15, 2003)

In the years of expanding state authority following the Black Death, English common law permitted the leasing of parishes by their rectors and vicars, who then pursued interests elsewhere and left the parish...


English Common Law in the Age of Mansfield

by James Oldham The University of North Carolina Press (December 15, 2005)

In the eighteenth century, the English common law courts laid the foundation that continues to support present-day Anglo-American law. Lord Mansfield, Chief Justice of the Court of King's Bench, 1756-1788, was...


The People’s Welfare

by William J. Novak The University of North Carolina Press (November 09, 2000)

Much of today's political rhetoric decries the welfare state and our maze of government regulations. Critics hark back to a time before the state intervened so directly in citizens' lives. In The People's Welfare...


Supreme Court Justice Joseph Story

by R. Kent Newmyer The University of North Carolina Press (January 21, 2004)

The primary founder and guiding spirit of the Harvard Law School and the most prolific publicist of the nineteenth century, Story served as a member of the U.S. Supreme Court from 1811 to 1845. His attitudes...


Southern Slavery and the Law, 1619-1860

by Thomas D. Morris The University of North Carolina Press (January 21, 2004)

This volume is the first comprehensive history of the evolving relationship between American slavery and the law from colonial times to the Civil War. As Thomas Morris clearly shows, racial slavery came to the...


The Invention of Party Politics

by Gerald Leonard The University of North Carolina Press (October 15, 2003)

This ambitious work uncovers the constitutional foundations of that most essential institution of modern democracy, the political party. Taking on Richard Hofstadter's classic The Idea of a Party System, it...


Law and Society in Puritan Massachusetts

by David Thomas Konig The University of North Carolina Press (January 21, 2004)

Distinguished by the critical value it assigns to law in Puritan society, this study describes precisely how the Massachusetts legal system differed from England's and how equity and an adapted common law became...


The Inception of Modern Professional Education

by Bruce A. Kimball The University of North Carolina Press (June 15, 2009)

Christopher C. Langdell (1826-1906) is one of the most influential figures in the history of American professional education. As dean of Harvard Law School from 1870 to 1895, he conceived, designed, and built...


Heart versus Head

by Peter Karsten The University of North Carolina Press (November 09, 2000)

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....


Yale Law School and the Sixties

by Laura Kalman The University of North Carolina Press (May 18, 2006)

The development of the modern Yale Law School is deeply intertwined with the story of a group of students in the 1960s who worked to unlock democratic visions of law and social change that they associated with...


Catalonia's Advocates

by Stephen Jacobson The University of North Carolina Press (September 15, 2009)

Offering a window into the history of the modern legal profession in Western Europe, Stephen Jacobson presents a history of lawyers in the most industrialized city on the Mediterranean. Far from being mere curators...


Constituting Empire

by Daniel J. Hulsebosch The University of North Carolina Press (May 18, 2006)

According to the traditional understanding of American constitutional law, the Revolution produced a new conception of the constitution as a set of restrictions on the power of the state rather than a mere description...


Shaping the Eighteenth Amendment

by Richard F. Hamm The University of North Carolina Press (November 09, 2000)

Richard Hamm examines prohibitionists' struggle for reform from the late nineteenth century to their great victory in securing passage of the Eighteenth Amendment. Because the prohibition movement was a quintessential...


The Mormon Question

by Sarah Barringer Gordon The University of North Carolina Press (January 14, 2003)

From the Mormon Church's public announcement of its sanction of polygamy in 1852 until its formal decision to abandon the practice in 1890, people on both sides of the "Mormon question" debated central questions...


Working Knowledge

by Catherine L. Fisk The University of North Carolina Press (November 01, 2009)

Skilled workers of the early nineteenth century enjoyed a degree of professional independence because workplace knowledge and technical skill were their "property," or at least their attribute. In most sectors...


Juries and the Transformation of Criminal Justice in France in the Nineteenth and Twentieth Centuries

by James M. Donovan The University of North Carolina Press (February 01, 2010)

James Donovan takes a comprehensive approach to the history of the jury in modern France by investigating the legal, political, sociocultural, and intellectual aspects of jury trial from the Revolution through...


Along Freedom Road

by David S. Cecelski The University of North Carolina Press (November 09, 2000)

David Cecelski chronicles one of the most sustained and successful protests of the civil rights movement--the 1968-69 school boycott in Hyde County, North Carolina. For an entire year, the county's black citizens...


Reconstructing the Household

by Peter W. Bardaglio The University of North Carolina Press (November 09, 2000)

In Reconstructing the Household, Peter Bardaglio examines the connections between race, gender, sexuality, and the law in the nineteenth-century South. He focuses on miscegenation, rape, incest, child custody,...


Domestic Secrets

by Maria Agren The University of North Carolina Press (December 01, 2009)

Between the seventeenth and nineteenth centuries, women's role in the Swedish economy was renegotiated and reconceptualized. Maria Agren chronicles changes in married women's property rights, revealing the story...