Blackstone in America: Selected Essays of Kathryn Preyer

by Mary Bilder , Maeva Marcus , R. Kent Newmyer

• ISBN13: 9780521490870
• ISBN10: 0521490871
• Edition: 1st
• Format: Hardcover
• Copyright: 2009-08-31
• Publisher: Cambridge University Press

Summary

Blackstone in America explores the creative process of transplantation - the way in which American legislators and judges refashioned the English common law inheritance to fit the republican political culture of the new nation. With current scholarship returning to focus on the transformation of Anglo-American law to "American" law, Professor Kathryn Preyer's lifelong study of the constitutional and legal culture of the early American republic has acquired new relevance and a wider audience. The collection includes Professor Preyer's work on criminal law, the early national judiciary, and the history of the book. All nine of Professor Preyer's important and award-winning essays are easily accessible in this volume, with new introductions by three leading scholars of early American law.

Table of Contents

Preface	p. vii
Acknowledgments	p. xi
General Introduction	p. 1
Law and Politics in The Early Republic
Introduction	p. 7
Federalist Policy and the Judiciary Act of 1801	p. 10
The Appointment of Chief Justice Marshall	p. 39
The Midnight Judges	p. 59
United States v. Callender: Judge and Jury in a Republican Society	p. 92
The Law of Crimes in Post-Revolutionary America
Introduction	p. 115
Penal Measures in the American Colonies: An Overview	p. 118
Crime, the Criminal Law, and Reform in Post-Revolutionary Virginia	p. 147
Jurisdiction to Punish: Federal Authority, Federalism, and the Common Law of Crimes in the Early Republic	p. 185
The History of the Book and Trans-Atlantic Connections
Introduction	p. 235
Cesare Beccaria and the Founding Fathers	p. 239
Two Enlightened Reformers of the Criminal Law: Thomas Jefferson of Virginia and Peter Leopold, Grand Duke of Tuscany	p. 252
Index	p. 277
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