In Courts and Commerce, Deborah A. Rosen intertwines economic history, legal history, and the history of gender. Relying on extensive analysis of probate inventories, tax lists, court records, letter books, petitions to the governor, and other documents from the eighteenth century—some never before studied—Rosen describes the expansion of the market economy in colonial New York and the way in which the law provided opportunities for eighteenth-century men to expand their economic networks while at the same time constraining women's opportunities to engage in market relationships. The book is unusual in its range of interests: it pays special attention to a comparison of urban and rural regions, it examines the role of law in fostering economic development, and it contrasts the different experiences of men and women as the economy changed.
Courts and Commerce challenges the idealized image of colonial America that has dominated historiography on the colonial period. In contrast to scholars who have portrayed the colonial period as a golden age for communal values and who have described nineteenth-century developments as if they had no eighteenth-century precedents, Rosen demonstrates that the traditionally described communal model of eighteenth-century America is a myth, and that in many ways the two eras are marked more by continuity than by change.
Deborah Rosen demonstrates that a market economy based on arm’s-length relationships did not suddenly emerge in the nineteenth century but already existed during the eighteenth century; that women became marginalized from the economy well before industrialization sent their husbands off to factories; and that the law shaped economic development a century or more before judges began to redefine the substance of the law to protect manufacturers and railway owners against expensive lawsuits by injured employees, neighbors, and consumers.
This bold and thought-provoking work will find a welcome audience among scholars of colonial American history, economic, social, and legal history, and women's studies.
Looking at a heretofore overlooked set of archival records of London in the late 17th and early 18th centuries, Hurl-Eamon reassesses the impact of gender on petty crime and its prosecution during the period. This book offers a new approach to the growing body of work on the history of violence in past societies. By focusing upon low-cost prosecutions in minor courts, Hurl-Eamon uncovers thousands of assaults on the streets of early modern London. Previous histories stressing the masculine nature of past violence are questioned here: women perpetrated one-third of all assaults. In looking at more mundane altercations rather than the homicidal attacks studied in previous histories, the book investigates violence as a physical language, with some forms that were subject to gender constraints, but many of which were available to both men and women. Quantitative analyses of various circumstances surrounding the assaults—including initial causes, weapons used, and injuries sustained—outline the patterns of violence as a language.
Hurl-Eamon also stresses the importance of focusing on the prosecutorial voice. In bringing the court’s attention to petty attacks, thousands of early modern men and women should be seen as agents rather than victims. This view is especially interesting in the context of domestic violence, where hundreds of wives and servants prosecuted patriarchs for assault, and in the Mohock Scare of 1712, where London’s populace rose up in opposition to aristocratic violence. The discussion is informed by a detailed knowledge of assault laws and the rules governing justices of the peace.
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