Law's Imagined Republic: Popular Politics and Criminal Justice in Revolutionary America (Cambridge Historical Studies in American Law and Society)

"Law's Imagined Republic shows how the American Revolution was marked by the rapid proliferation of law talk across the colonies. This legal language was both elite and popular, spanned different forms of expression from words to rituals, and included simultaneously real and imagined law. Since it was employed to mobilize resistance against England, the proliferation of revolutionary legal language became intimately intertwined with politics. Drawing on a wealth of material from criminal cases, Steven Wilf reconstructs the intertextual ways Americans from the 1760s through the 1790s read law: reading one case against another and often self-consciously comparing transatlantic legal systems as they thought about how they might construct their own legal system in a new republic. What transformed extraordinary tales of crime into a political forum? How did different ways of reading or speaking about law shape our legal origins? And, ultimately, how might excavating innovative approaches to law in this formative period, which were constructed in the street as well as in the courtroom, alter our usual understanding of contemporary American legal institutions? Law's Imagined Republic tells the story of the untidy beginnings of American law"--Provided by publisher. Law's Imagined Republic Shows How The American Revolution Was Marked By The Rapid Proliferation Of Law Talk Across The Colonies. This Legal Language Was Both Elite And Popular, Spanned Different Forms Of Expression From Words To Rituals, And Included Simultaneously Real And Imagined Law. Because It Was Employed To Mobilize Resistance Against England, The Proliferation Of Revolutionary Legal Language Became Intimately Intertwined With Politics. Drawing On A Wealth Of Material From Criminal Cases, Steven Wilf Reconstructs The Intertextual Ways Americans From The 1760s Through The 1790s Read Law : Reading One Case Against Another And Often Self-consciously Comparing Transatlantic Legal Systems As They Thought About How They Might Construct Their Own Legal System In A New Republic. What Transformed Extraordinary Tales Of Crime Into A Political Forum? How Did Different Ways Of Reading Or Speaking About Law Shape Our Legal Origins? And, Ultimately, How Might Excavating Innovative Approaches To Law In This Formative Period, Which Were Constructed In The Street As Well As In The Courtroom, Alter Our Usual Understanding Of Contemporary American Legal Institutions? Law's Imagined Republic Tells The Story Of The Untidy Beginnings Of American Law.--provided By Publisher. Criminal Law Out-of-doors -- The Language Of Law Is A Vulgar Tongue -- Local Justice, Transatlantic Justice -- The Problem Of Punishment In An Age Of Revolution -- The Statute Imagined. Steven Wilf. Includes Bibliographical References (p. 197-231) And Index. Cover 1 Half-title 3 Series-title 5 Title 7 Copyright 8 Dedication 9 Contents 11 Acknowledgments 13 Introduction 17 Why Criminal Law? 22 Revolution and Intertextual Readings of Law 25 1 Criminal Law Out-of-Doors: Ebenezer Richardson, Levi Ames, and the Uses of Punishment in Revolutionary Boston 30 “Exhibit an Atrocious Volume” 31 The Forms of Law 36 Trial as Performative Drama 43 A Felon’s Progress 54 Theft and Murder 60 2 “The Language of Law Is a Vulgar Tongue” 72 Interpretations of Vernacular Legal Culture 74 Hidden Transcripts and the Art of Criminal Self-Invention 82 Legal Storytelling as Subversive Act 89 Politicizing Vernacular Legal Culture 103 3 Local Justice, Transatlantic Justice: Joseph Mountain, William Beadle, and Competing Legal Narratives in Connecticut 121 The Art of Flight, The Art of Writing 122 Competing Legal Narratives 134 Casting Out Evil from Their Midst 140 4 The Problem of Punishment in an Age of Revolution 154 Inventing the Bloody Code 155 “Sanguinary Law Is a Political Distemper” 162 Imagining Law as Violence 170 5 The Statute Imagined: John Young and the New York Protest Against the Surgeons 181 Popular Protest and the Making of a Law 184 Popular Protest and the Unmaking of a Law 199 Conclusion 209 An Untidy Story of Legal Origins 211 Bibliography 213 Archival Collections 213 Newspapers, Periodicals 214 Legislation and Law Reports 216 Books, Articles, Reports, and dissertations 218 Index 249 "Law's Imagined Republic shows how the American Revolution was marked by the rapid proliferation of law talk across the colonies. This legal language was both elite and popular, spanned different forms of expression from words to rituals, and included simultaneously real and imagined law. Since it was employed to mobilize resistance against England, the proliferation of revolutionary legal language became intimately intertwined with politics. Drawing on a wealth of material from criminal cases, Steven Wilf reconstructs the intertextual ways Americans from the 1760s through the 1790s read law : reading one case against another and often self-consciously comparing transatlantic legal systems as they thought about how they might construct their own legal system in a new republic. What transformed extraordinary tales of crime into a political forum? How did different ways of reading or speaking about law shape our legal origins? And, ultimately, how might excavating innovative approaches to law in this formative period, which were constructed in the street as well as in the courtroom, alter our usual understanding of contemporary American legal institutions? Law's Imagined Republic tells the story of the untidy beginnings of American law"--Proporcionado por el editor Machine generated contents note: Introduction; 1. Criminal law out-of-doors; 2. 'The language of law is a vulgar tongue'; 3. Local justice, transatlantic justice; 4. The problem of punishment in an age of revolution; 5. The statute imagined; Conclusion.