One of the academy’s leading legal historians, William E. Nelson is the Edward Weinfeld Professor of Law at New York University School of Law. For more than four decades, Nelson has produced some of the most original and creative work on American constitutional and legal history. His prize-winning books have blazed new trails for historians with their substantive arguments and the scope and depth of Nelson’s exploration of primary sources. Nelson was the first legal scholar to use early American county court records as sources of legal and social history, and his work (on legal history in England, colonial America, and New York) has been a model for generations of legal historians.
This book collects ten essays exemplifying and explaining the process of identifying and interpreting archival sources—the foundation of an array of methods of writing American legal history. The essays presented here span the full range of American history from the colonial era to the 1980s.Each historian has either identified a body of sources not previously explored or devised a new method of interrogating sources already known.The result is a kaleidoscopic examination of the historian’s task and of the research methods and interpretative strategies that characterize the rich, complex field of American constitutional and legal history.
|Publisher:||New York University Press|
|Product dimensions:||5.90(w) x 9.00(h) x 1.20(d)|
About the Author
Daniel J. Hulsebosch is Charles Seligson Professor of Law and Professor of History at New York University. He is the author of Constituting Empire: New York and the Transformation of Constitutionalism in the Atlantic World, 1664-1830.
R. B. Bernstein is Distinguished Adjunct Professor of Law at New York Law School and Adjunct Professor of Political Science in the Skadden, Arps Honors Program in Legal Studies at the City College of New York. He has written, edited, or co-edited over 20 books in the fields of American constitutional and legal history, including the prize-winning The Founding Fathers Reconsidered and Thomas Jefferson.
Table of Contents
Foreword: Making Legal History
Morton J. Horwitz
I. Civil Wars and Legal Rights
1. The Landscape of Faith
Sarah Barringer Gordon
2. “It cant be cald stealin’ ”
Thomas C. Mackey
3. Debating the Fourteenth Amendment
Daniel W. Hamilton
II. Law and Social Regulation
4. Was the Warning of Strangers Unique to Colonial New England?
Cornelia H. Dayton and Sharon V. Salinger
5. Ambiguities of Free Labor Revisited
6. The Long, Broad, and Deep Civil Rights Movement
7. Counting as a Tool of Legal History
III. Courts, Judges, and Litigators
8. A Mania for Accumulation
Susanna L. Blumenthal
9. The Political Economy of Pain
John Fabian Witt
10. An Unexpected Antagonist
Bibliography of the Scholarship of William E. Nelson, 1963–2012
About the Contributors