Law's Imagined Republic: Popular Politics and Criminal Justice in Revolutionary America
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Law's Imagined Republic shows how the American Revolution was marked by the rapid proliferation of law talk across the colonies. This legal language was both elite and popular, spanned different forms of expression from words to rituals, and included simultaneously real and imagined law. Since it was employed to mobilize resistance against England, the proliferation of revolutionary legal language became intimately intertwined with politics. Drawing on a wealth of material from criminal cases, Steven Wilf reconstructs the intertextual ways Americans from the 1760s through the 1790s read law: reading one case against another and often self-consciously comparing transatlantic legal systems as they thought about how they might construct their own legal system in a new republic. What transformed extraordinary tales of crime into a political forum? How did different ways of reading or speaking about law shape our legal origins? And, ultimately, how might excavating innovative approaches to law in this formative period, which were constructed in the street as well as in the courtroom, alter our usual understanding of contemporary American legal institutions? Law's Imagined Republic tells the story of the untidy beginnings of American law. Cover Half-title Series-title Title Copyright Dedication Contents Acknowledgments Introduction Why Criminal Law? Revolution and Intertextual Readings of Law 1 Criminal Law Out-of-Doors: Ebenezer Richardson, Levi Ames, and the Uses of Punishment in Revolutionary Boston “Exhibit an Atrocious Volume” The Forms of Law Trial as Performative Drama A Felon’s Progress Theft and Murder 2 “The Language of Law Is a Vulgar Tongue” Interpretations of Vernacular Legal Culture Hidden Transcripts and the Art of Criminal Self-Invention Legal Storytelling as Subversive Act Politicizing Vernacular Legal Culture 3 Local Justice, Transatlantic Justice: Joseph Mountain, William Beadle, and Competing Legal Narratives in Connecticut The Art of Flight, The Art of Writing Competing Legal Narratives Casting Out Evil from Their Midst 4 The Problem of Punishment in an Age of Revolution Inventing the Bloody Code “Sanguinary Law Is a Political Distemper” Imagining Law as Violence 5 The Statute Imagined: John Young and the New York Protest Against the Surgeons Popular Protest and the Making of a Law Popular Protest and the Unmaking of a Law Conclusion An Untidy Story of Legal Origins Bibliography Archival Collections Newspapers, Periodicals Legislation and Law Reports Books, Articles, Reports, and dissertations Index
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