Thomas Jefferson, Legal History, and the Art of Recollection (Cambridge Historical Studies in American Law and Society)

In this innovative book, historian Matthew Crow unpacks the legal and political thought of Thomas Jefferson as a tool for thinking about constitutional transformation, settler colonialism, and race and civic identity in the era of the American Revolution. Thomas Jefferson's practices of reading, writing, and collecting legal history grew out of broader histories of early modern empire and political thought. As a result of the peculiar ways in which he theorized and experienced the imperial crisis and revolutionary constitutionalism, Jefferson came to understand a republican constitution as requiring a textual, material culture of law shared by citizens with the cultivated capacity to participate in such a culture. At the center of the story in Thomas Jefferson, Legal History, and the Art of Recollection, Crow concludes, we find legal history as a mode of organizing and governing collective memory, and as a way of instituting a particular form of legal subjectivity. Historian Matthew Crow Unpacks The Legal And Political Thought Of Thomas Jefferson As A Tool For Thinking About Constitutional Transformation, Settler Colonialism, And Race And Civic Identity In The Era Of The American Revolution. Thomas Jefferson's Practices Of Reading, Writing, And Collecting Legal History Grew Out Of Broader Histories Of Early Modern Empire And Political Thought. As A Result Of The Peculiar Ways In Which He Theorized And Experienced The Imperial Crisis And Revolutionary Constitutionalism, Jefferson Came To Understand A Republican Constitution As Requiring A Textual, Material Culture Of Law Shared By Citizens With The Cultivated Capacity To Participate In Such A Culture. At The Center Of The Story In Thomas Jefferson, Legal History, And The Art Of Recollection, Crow Concludes, We Find Legal History As A Mode Of Organizing And Governing Collective Memory, And As A Way Of Instituting A Particular Form Of Legal Subjectivity. Introduction, In The Course Of Human Events... -- Jurisdiction And British Legal Memory In Colonial Virginia -- New-modeling And Rewritiing In Revolutionary Virginia -- Labor, Language, And The Legal Subject Of The Notes On The State Of Virginia -- Governing The Usufruct Of The Living -- The Discipline Of Recollection. Matthew Crow, Hobart And William Smith Colleges, New York. Includes Bibliographical References And Index. Cover 1 Half-title 3 Series information 4 Title page 5 Copyright information 6 Dedication 7 Epigraph 8 Table of contents 9 Acknowledgments 11 1 Introduction: ‘‘in the course of human events. . .’’ 15 Jefferson in Pieces 17 Jefferson’s Histories 22 Law and History 25 Jefferson’s Uses 40 2 Jurisdiction and British Legal Memory in Colonial Virginia 49 Contexts of Legal Knowledge 53 Histories in Play 62 Organizing Legal History 76 Jefferson in Practice 83 Conclusion 94 3 New-Modeling and Rewriting in Revolutionary Virginia 96 Law, Empire, and Equity 101 New-Modeling and the Common Law Mind 118 Modeling Constitutional Text 126 Conclusion: Equitable Use 138 4 Labor, Language, and the Legal Subject of the Notes on the State of Virginia 146 Usage, Propriety, and History 151 The Jeffersonian Subject 159 Language, History, and Empire 176 Conclusion 192 5 Governing the Usufruct of the Living 195 Property, Constitutionalism, and Representation 202 Commerce and Empire 212 Commerce and Translation 220 Jurisprudence, Empire, and Jurisdiction 230 6 The Discipline of Recollection 247 Institutions of Assembly 249 History in the Assembly 252 Scissors and Paste 264 Spaces of Recollection 276 Conclusion 286 Index 291 Thomas Jefferson, Legal History, and the Art of Recollection offers an original account of the legal and political thought of Thomas Jefferson and the reception of narratives of empire and constitutional transformation during the era of the American Revolution. This book uniquely places Jefferson's own attention to history in conversation with modern thought. Through his discussion of Thomas Jefferson, historian Matthew Crow offers a new perspective on constitutional transformation in early American history