American Legal History

Law has played a central role in American history. From colonial times to the present, law has not just reflected the changing society in which legal decisions have been made-it has played a powerful role in shaping that society, though not always in positive ways.

Eminent legal scholar G. Edward White-author of the ongoing, multi-volume Law in American History-offers a compact overview that sheds light on the impact of law on a number of key social issues. Rather than offer a straight chronological history, the book instead traces important threads woven throughout our nation's past, looking at how law shaped Native American affairs, slavery, business, and home life, as well as how it has dealt with criminal and civil offenses. White shows that law has not always been used to exemplary ends. For instance, a series of decisions by the Marshall court essentially marginalized Amerindians, indigenous people of the Americas, reducing tribes to wards of the government. Likewise, law initially legitimated slavery in the United States, and legal institutions, including the Supreme Court, failed to resolve the tensions stirred up by the westward expansion of slavery, eventually sparking the Civil War. White also looks at the expansion of laws regarding property rights, which were vitally important to the colonists, many of whom left Europe hoping to become land owners; the evolution of criminal punishment from a public display (the stocks, the gallows) to a private prison system; the rise of tort law after the Civil War; and the progress in legal education, moving from informal apprenticeships and lax standards to modern law schools and rigorous bar exams.

In this illuminating look at the pivotal role of law in American life, White offers us an excellent first step to a better appreciation of the function of law in our society.

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Author: G. Edward White
Publisher: Oxford University Press, USA
Published: 12/19/2013
Pages: 168
Binding Type: Paperback
Weight: 0.30lbs
Size: 6.70h x 4.40w x 0.60d
ISBN: 9780199766000

About the Author

G. Edward White is David and Mary Harrison Distinguished Professor of Law and University Professor at the University of Virginia. His 15 books include The American Judicial Tradition, Alger Hiss's Looking-Glass Wars, and Justice Oliver Wendell Holmes: Law and the Inner Self. White is the editor of
the John Harvard Library edition of Oliver Wendell Holmes Jr.'s The Common Law (2009) and is currently writing a three-volume history of American law, the first volume of which, Law in American History, From the Colonial Years Through the Civil War, appeared in 2012.