Distinguishing The Righteous From The Roguish: The Arkansas Supreme Court 1836-1874 Project Muse Upcc Books

During the period from 1836 to 1874, the legal system in the new state of Arkansas developed amid huge social change. While the legislature could, and did, determine what issues were considered of importance to the populace, the Arkansas Supreme Court determined the efficacy of legislation in cases involving land titles, banks, transportation, slavery, family law, property, debt, contract, criminal law, and procedure. __Distinguishing the Righteous from the Roguish__ examines the court's decisions in this era and shows how Arkansas, as a rural slave-holding state, did not follow the transformational patterns typical of some other states during the nineteenth century. Rather than using the law to promote broad economic growth and encourage social change, the Arkansas court attempted to accommodate the interests of the elite class by preserving the institution of slavery. The ideology of paternalism is reflected in the decisions of the court, and Looney shows how social and political stability—an emphasis on preserving the status quo of the so-called "righteous"—came at the expense of broader economic development. During The Period From 1836 To 1874, The Legal System In The New State Of Arkansas Developed Amid Huge Social Change. While The Legislature Could, And Did, Determine What Issues Were Considered Of Importance To The Populace, The Arkansas Supreme Court Determined The Efficacy Of Legislation In Cases Involving Land Titles, Banks, Transportation, Slavery, Family Law, Property, Debt, Contract, Criminal Law, And Procedure. Distinguishing The Righteous From The Roguish Examines The Court’s Decisions In This Era And Shows How Arkansas, As A Rural Slave-holding State, Did Not Follow The Transformational Patterns Typical Of Some Other States During The Nineteenth Century. Rather Than Using The Law To Promote Broad Economic Growth And Encourage Social Change, The Arkansas Court Attempted To Accommodate The Interests Of The Elite Class By Preserving The Institution Of Slavery. The Ideology Of Paternalism Is Reflected In The Decisions Of The Court, And Looney Shows How Social And Political Stability—an Emphasis On Preserving The Status Quo Of The So-called “righteous”—came At The Expense Of Broader Economic Development. A Hegemonic Function Of The Law : An Introduction -- Peculiar Province And Duty : Organization, Procedures And Trends In The Early Arkansas Courts -- Finding Repose From The Nagging Concern Of Title Insecurity : Cases, Controversies, And Conflicts Relating To Land Titles -- Coon Skins And Peltry : Cases, Controversies, And Conflicts Relating To Transportation -- Inspecting The Negro Foot : Cases, Controversies, And Conflicts Relating To Slaves And Slavery -- Affording Peace And Quiet : Cases, Controversies, And Conflicts Relating To Family Law And Family Property -- The Key To Republican Economic Morality : Cases, Controversies, And Conflicts Relating To Debt And Contracts -- A Stronghold Of Legal Puritanism : Cases, Controversies, And Conflicts Relating Involving Criminal Law And Procedure -- Rights Of Belligerents : Cases, Controversies, And Conflicts During The War Years And In The War's Aftermath, 1861-1867 -- Usurpation And Treachery : Cases, Controversies, And Conflicts In The Arkansas Supreme Court During Reconstruction, 1868-1874 -- Distinguishing The Righteous From The Roguish : Summary And Conclusions. J.w. Looney. Includes Bibliographical References (pages [341]-350) And Index.

During the period from 1836 to 1874, the legal system in the new state of Arkansas developed amid huge social change. While the legislature could, and did, determine what issues were considered of importance to the populace, the Arkansas Supreme Court determined the efficacy of legislation in cases involving land titles, banks, transportation, slavery, family law, property, debt, contract, criminal law, and procedure.

Distinguishing the Righteous from the Roguish examines the court's decisions in this era and shows how Arkansas, as a rural slave-holding state, did not follow the transformational patterns typical of some other states during the nineteenth century. Rather than using the law to promote broad economic growth and encourage social change, the Arkansas court attempted to accommodate the interests of the elite class by preserving the institution of slavery. The ideology of paternalism is reflected in the decisions of the court, and Looney shows how social and political stability—an emphasis on preserving the status quo of the so-called "righteous"—came at the expense of broader economic development.