A Financial Times Best History Book of the Year
A surprising account of frontier law that challenges the image of the Wild West. In the absence of state authority, Gold Rush miners crafted effective government by the people—but not for all the people.
Gold Rush California was a frontier on steroids: 1,500 miles from the nearest state, it had a constantly fluctuating population and no formal government. A hundred thousand single men came to the new territory from every corner of the nation with the sole aim of striking it rich and then returning home. The circumstances were ripe for chaos, but as Andrea McDowell shows, this new frontier was not nearly as wild as one would presume. Miners turned out to be experts at self-government, bringing about a flowering of American-style democracy—with all its promises and deficiencies.
The Americans in California organized and ran meetings with an efficiency and attention to detail that amazed foreign observers. Hundreds of strangers met to adopt mining codes, decide claim disputes, run large-scale mining projects, and resist the dominance of companies financed by outside capital. Most notably, they held criminal trials on their own authority. But, mirroring the societies back east from which they came, frontiersmen drew the boundaries of their legal regime in racial terms. The ruling majority expelled foreign miners from the diggings and allowed their countrymen to massacre the local Native Americans. And as the new state of California consolidated, miners refused to surrender their self-endowed authority to make rules and execute criminals, presaging the don’t-tread-on-me attitudes of much of the contemporary American west.
In We the Miners, Gold Rush California offers a well-documented test case of democratic self-government, illustrating how frontiersmen used meetings and the rules of parliamentary procedure to take the place of the state.
Sex can be an oppressive force, a tool to shame, divide, and control a population. But it can also be a force for change, for the legal and physical challenge of inequity and injustice. In West of Sex, Pablo Mitchell uses court transcripts and criminal cases to provide the first coherent picture of Mexican-American sexuality at the turn of the twentieth century, and a truly revelatory look at sexual identity in the borderlands.
As Mexicans faced a rising tide of racial intolerance in the American West, some found cracks in the legal system that enabled them to assert their rights as full citizens, despite institutional hostility. In these chapters, Mitchell offers a rare glimpse into the inner workings of ethnicity and power in the United States, placing ordinary Mexican women and men at the center of the story of American sex, colonialism, and belonging.
Other chapters discuss topics like prostitution, same-sex intimacy, sexual violence, interracial romance, and marriage with an impressive level of detail and complexity. Written in vivid and accessible prose, West of Sex offers readers a new vision of sex and race in American history.
The Mishnah is the foundational document of rabbinic Judaism—all of rabbinic law, from ancient to modern times, is based on the Talmud, and the Talmud, in turn, is based on the Mishnah. But the Mishnah is also an elusive document; its sources and setting are obscure, as are its genre and purpose.
In January 2021 the Harvard Center for Jewish Studies and the Julis-Rabinowitz Program on Jewish and Israeli Law of the Harvard Law School co-sponsored a conference devoted to the simple yet complicated question: “What is the Mishnah?” Leading scholars from the United States, Europe, and Israel assessed the state of the art in Mishnah studies; and the papers delivered at that conference form the basis of this collection. Learned yet accessible, What Is the Mishnah? gives readers a clear sense of current and future direction of Mishnah studies.
In the summer of 1900, a zeppelin stayed aloft for a full eighteen minutes above Lake Constance and mankind found itself at the edge of a new world. Where many saw hope and the dawn of another era, one man saw a legal conundrum. Charles C. Moore, an obscure New York lawyer, began an inquiry that Stuart Banner returns to over a century later: in the age of airplanes, who can lay claim to the heavens?
The debate that ensued in the early twentieth century among lawyers, aviators, and the general public acknowledged the crucial challenge new technologies posed to traditional concepts of property. It hinged on the resolution of a host of broader legal issues being vigorously debated that pertained to the fine line between private and public property. To what extent did the Constitution allow the property rights of the nation’s landowners to be abridged? Where did the common law of property originate and how applicable was it to new technologies? Where in the skies could the boundaries between the power of the federal government and the authority of the states be traced?
Who Owns the Sky is the first book to tell this forgotten story of elusive property. A collection of curious tales questioning the ownership of airspace and a reconstruction of a truly novel moment in the history of American law, Banner’s book reminds us of the powerful and reciprocal relationship between technological innovation and the law—in the past as well as in the present.
How does the law regard and define mental incompetence, when faced with the problem of meting out justice? To what extent has the law relied on extra-legal authorities—be they religious or scientific—to frame its own categories of mental incompetence and madness? Wild Beasts and Idle Humours takes us on an illuminating journey through the changing historical landscape of human nature and offers an unprecedented look at the legal conceptions of insanity from the pre-classical Greek world to the present. Although actual trial records are either totally lacking or incomplete until the eighteenth century, there are other sources from which the insanity defenses can be constructed.
In this book Daniel N. Robinson, a distinguished historian of psychology, pores over centuries of written law, statements by legal commentators, summaries of crimes, and punishments, to glean from these sources an understanding of epochal views of responsibility and competence. From the Greek phrenesis to the Roman notions of furiosus and non compos mentis, from the seventeenth-century witch trials to today’s interpretation of mens rea, Robinson takes us through history and provides the intricate story of how the insanity defense has been construed as a meeting point of the law and those professions that chart human behavior and conduct: namely religion, medicine, and psychology. The result is a rare historical account of “insanity” within Western civilization.
Wild Beasts and Idle Humours will be essential reading for anyone interested in the evolution of thinking not merely about legal insanity but about such core concepts as responsibility, fitness for the rule of law, competence to enter into contracts and covenants, the role of punishments, and the place of experts within the overall juridical context.
Required to sign away their legal rights as authors as a condition of employment, professional writers may earn a tidy living for their work, but they seldom own their writing. Writing for Hire traces the history of labor relations that defined authorship in film, TV, and advertising in the mid-twentieth century. Catherine L. Fisk examines why strikingly different norms of attribution emerged in these overlapping industries, and she shows how unionizing enabled Hollywood writers to win many authorial rights, while Madison Avenue writers achieved no equivalent recognition.
In the 1930s, the practice of employing teams of writers to create copyrighted works became widespread in film studios, radio networks, and ad agencies. Sometimes Hollywood and Madison Avenue employed the same people. Yet the two industries diverged in a crucial way in the 1930s, when screenwriters formed the Writers Guild to represent them in collective negotiations with media companies. Writers Guild members believed they shared the same status as literary authors and fought to have their names attached to their work. They gained binding legal norms relating to ownership and public recognition—norms that eventually carried over into the professional culture of TV production.
In advertising, by contrast, no formal norms of public attribution developed. Although some ad writers chafed at their anonymity, their nonunion workplace provided no institutional framework to channel their demands for change. Instead, many rationalized their invisibility as creative workers by embracing a self-conception as well-compensated professionals devoted to the interests of clients.
READERS
Browse our collection.
PUBLISHERS
See BiblioVault's publisher services.
STUDENT SERVICES
Files for college accessibility offices.
UChicago Accessibility Resources
home | accessibility | search | about | contact us
BiblioVault ® 2001 - 2024
The University of Chicago Press