“...the starting point for anyone concerned with the antecedents of libertarianism in the United States...” MEN AGAINST THE STATE first appeared in the spring of 1953. Within a matter of months it had received nearly fifty highly commendatory reviews in thirteen countries in seven languages. Few products of American scholarly research in our time have gained more widespread international respect in such a short time. This book brought back into view a tradition which almost disappeared between the beginning of the First World War and the end of the Second, the philosophy and deeds of anti-statist libertarian voluntarism in the United States during the three generations which flourished between 1825 and 1910, in a style which a London commentator described as “a model of readable scholarship.” In the 1950s, the era of the “organization man” and almost unparalleled political passivity, MEN AGAINST THE STATE may have been a premature book, as some have observed, despite being reprinted two more times later in the decade. This quiet and unsensational circulation continued to further its reputation, nevertheless. In the last ten years however it has been recognized by many as the starting point for anyone concerned with the antecedents of libertarianism in the United States. The spread of interest in such thinking among a new generation has prompted the reissuance of this book, in a conventionally-printed popularly priced edition for the first time.

Winner of the James P. Hanlan Book Award Winner of the J. David Greenstone Book Prize Winner of the S. M. Lipset Best Book Award This pioneering work of political history recovers the central and largely forgotten role that petitioning played in the formative years of North American democracy. Known as the age of democracy, the nineteenth century witnessed the extension of the franchise and the rise of party politics. As Daniel Carpenter shows, however, democracy in America emerged not merely through elections and parties, but through the transformation of an ancient political tool: the petition. A statement of grievance accompanied by a list of signatures, the petition afforded women and men excluded from formal politics the chance to make their voices heard and to reshape the landscape of political possibility. Democracy by Petition traces the explosion and expansion of petitioning across the North American continent. Indigenous tribes in Canada, free Blacks from Boston to the British West Indies, Irish canal workers in Indiana, and Hispanic settlers in territorial New Mexico all used petitions to make claims on those in power. Petitions facilitated the extension of suffrage, the decline of feudal land tenure, and advances in liberty for women, African Americans, and Indigenous peoples. Even where petitioners failed in their immediate aims, their campaigns advanced democracy by setting agendas, recruiting people into political causes, and fostering aspirations of equality. Far more than periodic elections, petitions provided an everyday current of communication between officeholders and the people. The coming of democracy in America owes much to the unprecedented energy with which the petition was employed in the antebellum period. By uncovering this neglected yet vital strand of nineteenth-century life, Democracy by Petition will forever change how we understand our political history.

This book is a volume in the Penn Press Anniversary Collection. To mark its 125th anniversary in 2015, the University of Pennsylvania Press rereleased more than 1,100 titles from Penn Press's distinguished backlist from 1899-1999 that had fallen out of print. Spanning an entire century, the Anniversary Collection offers peer-reviewed scholarship in a wide range of subject areas.

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The jury trial is one of the formative elements of American government, vitally important even when Americans were still colonial subjects of Great Britain. When the founding generation enshrined the jury in the Constitution and Bill of Rights, they were not inventing something new, but protecting something old: one of the traditional and essential rights of all free men. Judgment by an “impartial jury” would henceforth put citizen panels at the very heart of the American legal order. And yet at the dawn of the 21st century, juries resolve just two percent of the nation’s legal cases and critics warn that the jury is “vanishing” from both the criminal and civil courts. The jury’s critics point to sensational jury trials like those in the O. J. Simpson and Menendez cases, and conclude that the disappearance of the jury is no great loss. The jury’s defenders, from journeyman trial lawyers to members of the Supreme Court, take a different view, warning that the disappearance of the jury trial would be a profound loss. In The Jury in America, a work that deftly combines legal history, political analysis, and storytelling, Dennis Hale takes us to the very heart of this debate to show us what the American jury system was, what it has become, and what the changes in the jury system tell us about our common political and civic life. Because the jury is so old, continuously present in the life of the American republic, it can act as a mirror, reflecting the changes going on around it. And yet because the jury is embedded in the Constitution, it has held on to its original shape more stubbornly than almost any other element in the American regime. Looking back to juries at the time of America's founding, and forward to the fraught and diminished juries of our day, Hale traces a transformation in our understanding of ideas about sedition, race relations, negligence, expertise, the responsibilities of citizenship, and what it means to be a citizen who is “good and true” and therefore suited to the difficult tasks of judgment. Criminal and civil trials and the jury decisions that result from them involve the most fundamental questions of right, and so go to the core of what makes the nation what it is. In this light, in conclusion, Hale considers four controversial modern trials for what they can tell us about what a jury is, and about the fate of republican government in America today.