This collection of outstanding essays in the history of early American law is designed to meet the demand for a basic introduction to the literature of colonial and early United States law. Eighteen essays from historical and legal journals by outstanding authorities explore the major themes in American legal history from colonial beginnings to the early nineteenth century. Originally published in 1969. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.

Essays in the History of Early American Law

This study analyzes the development of criminal law during the first several generations of American life. Its comparison of the substantive and procedural law among the colonies reveals the similarities and differences between the New England and the Chesapeake colonies. Bradley Chapin addresses the often-debated question of the “reception” of English law and makes estimates of the relative weight of the sources and methods of early American law. A main theme of his book is that colonial legislators and judges achieved a significant reform of the English criminal law at a time when a parallel movement in England failed. The analysis is made specific and concrete by statistics that show patterns of prosecutions and crime rates. In addition to the exciting and convincing theme of a “lost period” of great creativity in American criminal law, Chapin gives a wealth of detail on statutory and common-law rulings, noteworthy criminal cases, and judicial views of how the law was to be administered. He provides social and economic explanations of shifts and peculiarities in the law, using carefully arranged evidence from the records. His treatment of the Quaker cases in Massachusetts and the witchcraft prosecutions in New England throws new light on those frequently misunderstood episodes. Chapin's book will be of interest not only to scholars working in the field but also to anyone curious about early American legal history.

One of the finest historians of her generation, Jan Ellen Lewis (1949-2018) transformed our understanding of the early U.S. Republic. Her groundbreaking essays defined the emerging fields of gender and emotions history and reframed traditional understandings of the founding fathers and the U.S. Constitution. As significant as her work was within each of these subfields, her most remarkable insights came from the connections she drew among them. Gender and race, slavery and freedom, feelings and politics ran together in the hearts, minds, and lives of the men and women she studied. Lewis's brilliant research revealed these long-buried connections and illuminated their importance for America's past and present. Family, Slavery, and Love in the Early American Republic collects thirteen of Lewis's most important essays. Distinguished scholars shed light on the historical and historiographical contexts in which Lewis and her peers researched, wrote, and argued. But the real star of this volume is Lewis herself: confident, unconventional, erudite, and deeply imaginative.

This fifth volume in the distinguished series on the history of Canadian law turns to the important issues of crime and criminal justice. In examining crime and criminal law specifically, the volume contributes to the long-standing concern of Canadian historians with law, order, and authority. The volume covers criminal justice history at various times in British Columbia, Ontario, Quebec, and the Maritimes. It is a study which opens up greater vistas of understanding to all those interested in the interstices of law, crime, and punishment.