Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Legal history (4)
- Constitutionalism (1)
- Criminal law (1)
- Davidson County (1)
- Law in the early Republic (1)
-
- Litigation (1)
- Post-revolutionary county courts (1)
- Property rights (1)
- Prosopography (1)
- Race (1)
- Slavery in the south (1)
- Southern legal history (1)
- Southern legal institutions (1)
- State supreme court judges (1)
- The judicial role (1)
- The law of slavery (1)
- The rule of law (1)
- Violence in the south (1)
Articles 1 - 6 of 6
Full-Text Articles in Legal History
Essays On Problems And Prospects In Southern Legal History, Kermit L. Hall
Essays On Problems And Prospects In Southern Legal History, Kermit L. Hall
Vanderbilt Law Review
Justice Oliver Wendell Holmes, Jr., once urged historians to study the law because it offered a magic mirror whose reflections divulged fundamental social values.' Holmes' plea on behalf of the utility of legal history has relevance for southerners intrigued by the possibility of their historical distinctiveness. Without a basis of comparison, however, the search for southern exceptionality becomes a quest after the arcane. As C. Vann Woodward observed,southern history ought to tell all Americans, not southerners alone,something about their common pasts. Woodward argued that attaining this goal was entirely feasible, since certain aspects of the southern past, such as slavery …
Reason Of Slavery: Understanding The Judicial Role In The Peculiar Institution (Part One), Robert B. Jones
Reason Of Slavery: Understanding The Judicial Role In The Peculiar Institution (Part One), Robert B. Jones
Vanderbilt Law Review
This brief survey has superficially touched upon the most prominent works of the historiography of slavery and has ignored the large mass of work on subjects such as slavery in the various states, slave rebellions, slave reminiscences, and the anti-slavery crusade. With the exception of the Civil War, perhaps more has been written about slavery than any other aspect of southern history. Despite the great amount of scholarship devoted to the study of slavery, however, there has been, as Keir Nash points out, little scholarly work done on the legal history of slavery. One hopes this gap will be bridged …
The Tennessee County Courts Under The North Carolina And Territorial Governments: The Davidson County Court Of Pleas And Quarter Sessions, 1783-1796, As A Case Study, Theodore Brown Jr.
The Tennessee County Courts Under The North Carolina And Territorial Governments: The Davidson County Court Of Pleas And Quarter Sessions, 1783-1796, As A Case Study, Theodore Brown Jr.
Vanderbilt Law Review
This Note will attempt to provide the framework for a more extended institutional examination of the post-revolutionary courts that functioned in the counties of western-most North Carolina and,beginning in 1790, the Territory South of the River Ohio before their organization into the new state of Tennessee in June 1796. The Note initially will set forth the jurisdiction and the regulatory authority of the county courts of pleas and quarter sessions under the North Carolina and territorial governments, will describe the jurisdiction and authority of the courts' individual justices, and will examine the role of the petit jury in exercising a …
Reason Of Slavery: Understanding The Judicial Role In The Peculiar Institution, A. E. Keir Nash
Reason Of Slavery: Understanding The Judicial Role In The Peculiar Institution, A. E. Keir Nash
Vanderbilt Law Review
The results most relevant to the concerns of this Article are of course the effects upon how we judge the judges-for almost always we are sufficiently Whiggish to attempt such a judgment, either explicitly or implicitly. At times the consequence of so summing can be to imagine that one catches the judicial conscience by asking questions phrased as Sentence D's query, whether the judges"collaborated" in a system of racial oppression. When we put the question this way, two unfortunate things happen. First, we create a verbal and historical muddle, for if anything ought to be clear by now it is …
St. George Tucker, John Marshall,And Constitutionalism In The Post-Revolutionary South, Charles T. Cullen
St. George Tucker, John Marshall,And Constitutionalism In The Post-Revolutionary South, Charles T. Cullen
Vanderbilt Law Review
A study of Marshall's early career suggests several reasons for constitutionalism fundamentally different from that of Tucker, a constitutionalism that became law in the early Republic because of Marshall's position on the Supreme Court. The writings and careers of southern constitutionalists like Tucker also merit further study in order to fully appreciate the growing divergence between the views originally expressed by him and those embraced by the nationalists, who decreased in number in the South after Marshall's time. Finally, we should develop a better understanding of the influence of southerners on the formation of legal and constitutional systems in other …
Foreword, James W. Ely, Terry Calvani
Foreword, James W. Ely, Terry Calvani
Vanderbilt Law Review
In the hope of giving some direction for a regional approach to the legal past of the South, Vanderbilt Law School, with the generous assistance of the University Research Council, sponsored a two-day Symposium on this important topic in the spring of 1978 and invited leading scholars to participate. Principal papers by Richard Maxwell Brown, Maxwell H. Bloomfield, Robert M. Ireland, A. E. Keir Nash, and Robert J. Haws and Michael V. Namorato discussed diverse aspects of southern legal history.