Having arriving in the Province of Maine in 1641 with a brief to create both government and law for the fledgling colony, Thomas Gorges later recorded his policy as having ’steared as neere as we could to the course of Ingland’. Over the course of the next century the various colonial administrations all consciously measured their laws against that of England, whether their intention was imitation of or conscious opposition to, established English legal system. In order to trace the shifting and contested relationships between colonial laws and English laws, this book focuses on the prosecution of sexual misconduct. All crimes can threaten orderly society but no other crime posed quite the same long term implications as illicit sex resulting in the birth of illegitimate children who became their own social challenges. Sexual misconduct was, consequently, a major concern for early modern leaders, making it a particularly fruitful subject for studying the complex relationship between laws in England and laws in the English colonies. Political and ecclesiastical leaders create laws to coerce people to behave in a certain fashion and to convey wider messages about the societies they govern. When those same laws are broken, lawbreakers must be tried and punished by a means intended to serve as a warning to other would-be lawbreakers. In this book the two-part analysis of changing sexual misconduct laws and the resulting trial depositions highlights the ways in which ordinary New England colonists across New England both interacted with and responded to the growing Anglicization of their legal systems and makes the argument that these men and women saw themselves as taking part in a much larger process.

Having arriving in the Province of Maine in 1641 with a brief to create both government and law for the fledgling colony, Thomas Gorges later recorded his policy as having ’steared as neere as we could to the course of Ingland’. Over the course of the next century the various colonial administrations all consciously measured their laws against that of England, whether their intention was imitation of or conscious opposition to, established English legal system. In order to trace the shifting and contested relationships between colonial laws and English laws, this book focuses on the prosecution of sexual misconduct. All crimes can threaten orderly society but no other crime posed quite the same long term implications as illicit sex resulting in the birth of illegitimate children who became their own social challenges. Sexual misconduct was, consequently, a major concern for early modern leaders, making it a particularly fruitful subject for studying the complex relationship between laws in England and laws in the English colonies. Political and ecclesiastical leaders create laws to coerce people to behave in a certain fashion and to convey wider messages about the societies they govern. When those same laws are broken, lawbreakers must be tried and punished by a means intended to serve as a warning to other would-be lawbreakers. In this book the two-part analysis of changing sexual misconduct laws and the resulting trial depositions highlights the ways in which ordinary New England colonists across New England both interacted with and responded to the growing Anglicization of their legal systems and makes the argument that these men and women saw themselves as taking part in a much larger process.

Renowned legal historian Lawrence Friedman presents an accessible and authoritative history of American law from the colonial era to the present day. This fully revised fourth edition incorporates the latest research to bring this classic work into the twenty-first century. In addition to looking closely at timely issues like race relations, the book covers the changing configurations of commercial law, criminal law, family law, and the law of property. Friedman furthermore interrogates the vicissitudes of the legal profession and legal education. The underlying theory of this eminently readable book is that the law is the product of society. In this way, we can view the history of the legal system through a sociological prism as it has evolved over the years.

The narratives of slaves, wives, and servants who resisted social and domestic violence in the nineteenth century In the early nineteenth century, Peter Wheeler, a slave to Gideon Morehouse in New York, protested, “Master, I won’t stand this,” after Morehouse beat Wheeler’s hands with a whip. Wheeler ran for safety, but Morehouse followed him with a shotgun and fired several times. Wheeler sought help from people in the town, but his eventual escape from slavery was the only way to fully secure his safety. Everyday Crimes tells the story of legally and socially dependent people like Wheeler—free and enslaved African Americans, married white women, and servants—who resisted violence in Massachusetts and New York despite lacking formal protection through the legal system. These “dependents” found ways to fight back against their abusers through various resistance strategies. Individuals made it clear that they wouldn’t stand the abuse. Developing relationships with neighbors and justices of the peace, making their complaints known within their communities, and, occasionally, resorting to violence, were among their tactics. In bearing their scars and telling their stories, these victims of abuse put a human face on the civil rights issues related to legal and social dependency, and claimed the rights of individuals to live without fear of violence.

This annotated edition of The Scarlet Letter enhances student and reader comprehension of a standard work studied in literature classes, exploring names, places, objects, and allusions.

A major reassessment of the development of race and subjecthood in the British Atlantic Focusing on Jamaica, Britain’s most valuable colony in the Americas by the mid-eighteenth century, this book explores the relationship between racial classifications and the inherited rights and privileges associated with British subject status. Brooke Newman reveals the centrality of notions of blood and blood mixture to evolving racial definitions and sexual practices in colonial Jamaica and to legal and political debates over slavery and the rights of imperial subjects on both sides of the Atlantic. Weaving together a diverse range of sources, Newman shows how colonial racial ideologies rooted in fictions of blood ancestry at once justified permanent, hereditary slavery for Africans and barred members of certain marginalized groups from laying claim to British liberties on the basis of hereditary status. This groundbreaking study demonstrates that challenges to an Atlantic slave system underpinned by distinctions of blood had far-reaching consequences for British understandings of race, gender, and national belonging.

Whom, over the past two centuries, has society construed as sexual "victims"? Where and when did the notion of consent—so crucial for law and politics today—emerge? In this brilliantly insightful work, Pamela Susan Haag traces the evolution of public wisdom on some of society's most private and controversial matters. At once an investigation of social history, popular culture, legal doctrine, and political theory, her book shows how in contemporary America the history of sexual rights is inextricably intertwined with that of liberalism. Haag examines the nineteenth-century obsession with the perils of seduction and twentieth-century disputes over white slavery, arranged marriages, interracial relationships, and rape. The history of heterosexual modernity and identity must, she argues, be viewed as a crucial component of a much larger historical narrative—that of the ways in which individual freedom and citizenship have been continually redefined in American liberal culture. She illuminates the development of liberalism from its "classic" stage that ended after the post-Reconstruction era to a "modern" version that came to fruition with the judicial acceptance of the right to privacy. Finally, she shows how debates over the meaning of heterosexual consent and violence contributed to this transformation.