Open Access. Powered by Scholars. Published by Universities.®

Legal History Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 31 - 44 of 44

Full-Text Articles in Legal History

From Pillory To Penitentiary: The Rise Of Criminal Incarceration In Early Massachusetts, Adam J. Hirsch May 1982

From Pillory To Penitentiary: The Rise Of Criminal Incarceration In Early Massachusetts, Adam J. Hirsch

Michigan Law Review

While the transition from the old forms of criminal sanction to incarceration was perhaps not, as Jeremy Bentham claimed, "one of the most signal improvements that have ever yet been made in our criminal legislation," one does not overstate to call it a signal development in the history of Anglo-American criminal justice - a development, one may add, that still wants adequate examination, much less explanation. This Article attempts to do both for one sample region: Massachusetts. Though the jurisprudential movement from pillory to penitentiary took place throughout the new American republic, as well as much of western Europe, our …


Law For The Elephant: Property And Social Behavior On The Overland Trial, Michigan Law Review Mar 1982

Law For The Elephant: Property And Social Behavior On The Overland Trial, Michigan Law Review

Michigan Law Review

A Review of Law for the Elephant: Property and Social Behavior on the Overland Trial by John Phillip Reid


Toward A New Theory Of Roman Law, David F. Pugsley Mar 1982

Toward A New Theory Of Roman Law, David F. Pugsley

Michigan Law Review

A Review of Landlords and Tenants in Imperial Rome by Bruce W. Frier


Social Research And The Use Of Medieval Criminal Records, Edward Powell Mar 1981

Social Research And The Use Of Medieval Criminal Records, Edward Powell

Michigan Law Review

A Review of Society and Homicide in Thirteenth-Century England by James Buchanan Given, and Crime and Conflict in English Communities, 1300-1348 by Barbara A. Hanawalt


Society And Legal Change, Michigan Law Review Mar 1980

Society And Legal Change, Michigan Law Review

Michigan Law Review

A Book Notice about Society and Legal Change by Alan Watson


Doing Good And Getting Worse: The Dilemma Of Social Policy, Gerald N. Grob Mar 1979

Doing Good And Getting Worse: The Dilemma Of Social Policy, Gerald N. Grob

Michigan Law Review

A Review of Doing Good: The Limits of Benevolence by Willard Gaylin, Ira Glasser, Steven Marcus, and David J. Rothman


Trials Without End: Some Comments And Reviews On The Sacco-Vanzetti, Rosenberg, And Hiss Cases, Terry A. Cooney Mar 1979

Trials Without End: Some Comments And Reviews On The Sacco-Vanzetti, Rosenberg, And Hiss Cases, Terry A. Cooney

Michigan Law Review

A Review of Porter: The Never-Ending Wrong, and Meeropol & Meeropol: We Are Your Sons: The Legacy of Ethel and Julius Rosenberg, and Weinstein:Perjury: The Hiss-Chambers Case


Fornication, Cohabitation, And The Constitution, Michigan Law Review Dec 1978

Fornication, Cohabitation, And The Constitution, Michigan Law Review

Michigan Law Review

This Note begins with the indisputable assumption that laws prohibiting fornication and cohabitation are nowhere explioitly forbidden by the Constitution. If a right to engage in consensual adult heterosexual activity exists, it will most convincingly be inferred from the Court's cases establishing a right of "privacy." The Note first seeks to discover an adequate definition of privacy which might lead to a decision whether "privacy" encompasses the right .to fornicate or cohabit (a right which, for brevity's sake, we will somewhat imprecisely call the right to, sexual privacy), but it finds no such definition. The Note therefore proceeds to investigate …


Les Officialités À La Veille Du Concile De Trente, Charles Donahue Jr. Jan 1976

Les Officialités À La Veille Du Concile De Trente, Charles Donahue Jr.

Michigan Law Review

A Review of Les officialités à la veille du Concile de Trente by Anne Lefebvre-Teillard


Graves: American Intergovernmental Relations: Their Origins, Historical Development, And Current Status, Joseph E. Kallenbach Feb 1965

Graves: American Intergovernmental Relations: Their Origins, Historical Development, And Current Status, Joseph E. Kallenbach

Michigan Law Review

A Review of American Intergovernmental Relations: Their Origins, Historical Development, and Current Status. By W. Brooke Graves.


Hurst: Law And Social Process In United States History, Robert S. Hunt Jun 1962

Hurst: Law And Social Process In United States History, Robert S. Hunt

Michigan Law Review

A Review of Law and Social Process in United States History. By James Willard Hurst.


The Prospet Of Liberty Or The View From Saint-Remy, Ralph M. Carson Jun 1960

The Prospet Of Liberty Or The View From Saint-Remy, Ralph M. Carson

Michigan Law Review

This celebration of the first century of the Michigan Law School recalls the vain endeavor of the Holy Roman Empire to keep the craft of the law out of the Americas. Que no passasen abogados ni procuradores a las Indias was a clause inserted by the Emperor Charles V into the capitulation of 1540 with Alvar Nunez which sanctioned the exploration of the River Plate. Perhaps it was the futility of lawyers which prompted the Imperial veto. Twenty years before, when the Governor of Cuba sought to halt Cortez with decrees of outlawry from Spain, his cunning captain Sandoval evaded …


Legal Techniques And Political Ideologies: A Comparative Study, Alexander H. Pekelis Feb 1943

Legal Techniques And Political Ideologies: A Comparative Study, Alexander H. Pekelis

Michigan Law Review

The problem with which we are going to deal is one of comparative law, a discipline probably even more illusory than legal science itself. A body of laws represents in itself neither a social reality nor a social ideal. One of the difficulties that every historian faces in trying to reconstruct a period of the past with the help of legal monuments is due to the great variety of relations existing between legal rules and social reality. So, e.g., legal monuments generally contain in an inextricable confusion at least two contradictory types of rules: rules which are a simple restatement …


Book Reviews, Edwin W. Patterson, Edson R. Sunderland, C E. Griffin May 1922

Book Reviews, Edwin W. Patterson, Edson R. Sunderland, C E. Griffin

Michigan Law Review

The title of this brilliant little volume might, more accurately, have been, "The Spirits of the Common Law," for it depicts the common law as the battleground of many conflicting spirits, from which a few relatively permanent ideas and ideals have emerged triumphant. As a whole, the book is a pluralistic-idealistic interpretation of legal history. Idealistic, because Dean Pound finds that the fundamentals of the 'common law have been shaped by ideas and ideals rather than by economic determinism or class struggle; he definitely rejects a purely economic interpretation of legal history, although he demands a sociological one (pp. io-ii). …