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Yale Law School

Legal history

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Full-Text Articles in Legal History

Book Review: Better Kind Of Hatchet: Law, Trade And Diplomacy In The Cherokee Nation During The Early Years Of European Contact, William E. Nelson Jan 1977

Book Review: Better Kind Of Hatchet: Law, Trade And Diplomacy In The Cherokee Nation During The Early Years Of European Contact, William E. Nelson

Faculty Scholarship Series

John Phillip Reid's latest book, A Better Kind of Hatchet: Law,
Trade, and Diplomacy in the Cherokee Nation during the Early
Years of European Contact, is ostensibly a study of trade relations
between South Carolina and the Cherokee Indians during the first
third of the eighteenth century. But taken in conjunction with his
earlier book, A Law of Blood: The Primitive Law of the Cherokee
Nation, the new book is, in truth, much more. At the deepest level,
Reid's achievement in the two books is to suggest to white Americans,
first, some ways in which our understanding of ...


Towards Legal Understanding: I, Walter Nelles Jan 1934

Towards Legal Understanding: I, Walter Nelles

Faculty Scholarship Series

The article has two aims: first to explain, and
if possible escape, confusion about what law is and what makes and
changes it; then to go on towards showing how, if at all, law may be
brought nearer to possessing in all its parts what was anciently considered
its essential characteristic-satisfactoriness to all socially tolerable
persons.


Towards Legal Understanding: Ii, Walter Nelles Jan 1934

Towards Legal Understanding: Ii, Walter Nelles

Faculty Scholarship Series

"Men make their own history," including their legal history. But
they make it "not under conditions chosen by themselves, but under
conditions found at hand, given and handed down."2 Though they
never leave conditions as they find them, they adapt old ways and beliefs
to new desires and interests, to persist, in spite of changes, in conditions
handed down.
An outline, necessarily attenuated, of salient changes in legal conditions
in successive periods of Anglo-American history has been carried
to the middle of the nineteenth century. It will be briefly interrupted
for a closer view of an ancient illusion whose ...