Virginia men of law constituted one of the first learned professions in colonial America, and Virginia legal culture had an important and lasting impact on American political institutions and jurisprudence. Exploring the book collections of these Virginians therefore offers insight into the history of the book and the intellectual history of early America. It also addresses essential questions of how English culture migrated to the American colonies and was transformed into a distinctive American culture. Focusing on the law books that colonial Virginians acquired, how they used them, and how they eventually produced a native-grown legal literature, this collection explores the law and intellectual culture of the Commonwealth and reveals the origins of a distinctively Virginian legal literature. The contributors argue that understanding the development of early Virginia legal history—as shown through these book collections—not only illuminates important aspects of Virginia’s history and culture; it also underlies a thorough understanding of colonial and revolutionary American history and culture.

Between 1632 and 1748, Virginia’s General Assembly revised the colony’s statutes seven times. These revisals provide an invaluable opportunity to gauge how governors, councilors, and burgesses created a hybrid body of colonial statute law that would become the longest strand in the American legal fabric. In Statute Law in Colonial Virginia, Warren Billings presents a series of snapshots that depict the seven revisions of the corpus juris the General Assembly undertook. In so doing, he highlights the good, the corrupt, and the loathsome applications of broad legislative authority throughout the colonial era. Each revision was built on prior written law and embodies the members’ legal knowledge and statutory craftsmanship, revealing their use of an unbridled discretion to further the interests they represented. Statutes undergirded Virginia’s evolving legal culture, and by examining these revisals and their links, Billings casts light on the hybrid nature of Virginia statute law and its relation to English laws.

This wide-ranging collection of essays reflects the manifold scholarly interests of legal historian Charles Donahue, whose former students engage here with questions related to foundational Roman law concepts, the impact of the law on women and families in medieval and early modern Europe, the intersection of law and religion, and the echoes of legal ideas on later developments in American law and in world literature and philosophy. From the monks of Metz to the book sellers of colonial Boston, from fourteenth-century English charters to the writings of Faust, these essays invite you to experience law at once learned and lived. Contributors are: Charles Bartlett, Anton Chaevitch, Wim Decock, Rowan Dorin, Sally E. Hadden, Elizabeth Haluska-Rausch, Nikitas E. Hatzimihail, Samantha Kahn Herrick, Daniel Jacobs, Elizabeth Papp Kamali, Amalia D. Kessler, Saskia Lettmaier, Sara McDougall, Stuart M. McManus, Elizabeth W. Mellyn, Bharath Palle, Ryan Rowberry, Carol Symes, James R. Townshend, and John Witte, Jr.

The right to keep and bear arms evokes great controversy. To some, it is a bulwark against tyranny and criminal violence; to others, it is an anachronism and serious danger.Firearms Law and the Second Amendment is the leading casebook and scholarly treatise on arms law. It provides a comprehensive domestic and international treatment of the history of arms law. In-depth coverage of modern federal and state laws and litigation prepare students to be practice-ready for firearms cases. The book covers legal history from ninth-century England through the United States in 2021. It examines arms laws and culture in broad social context, ranging from racial issues to technological advances. Seven online chapters cover arms laws in global historical context, from Confucian times to the present. The online chapters also discuss arms law and policy relating to race, gender, sexual orientation, and other statuses and how firearms and ammunition work. New to the Third Edition: Important cases and new regulatory issues since the 2017 second edition, including public carry, limits on in-home possession, bans on types of arms, non-firearm arms (like knives or sprays), Red Flag laws, and restoration of firearms rights Expanded social science and criminological data about firearms ownership and crimes Deeper coverage of state arms control laws and constitutional provisions Extended analysis of how Native American firearm policies and skills shaped interactions with European-Americans, provided the tools for three centuries of resistance, and became a foundation of American arms culture The latest research on English legal history, which is essential to modern cases on the right to bear arms Professors, students, and practicing lawyers will benefit from: Practical advice and resource guides for lawyers, like early career prosecutors or defenders, who will soon practice firearms law Five chapters on the diverse approaches of lower courts in applying the Supreme Court precedents in Heller and McDonald to contemporary laws Historical sources that shaped, and continue to influence, the right to arms

This book is a documentary history of the rights found in the American state constitutions adopted between 1776 and 1790. Despite the rich tradition of rights at the state level, rights in America have been identified almost exclusively with the national Bill of Rights. Indeed, there is no work that provides a comprehensive treatment of the early state declarations of rights. Rather, these declarations have been viewed as halting first steps towards the adoption of the national Bill of Rights in 1791. Bringing together the full text of the rights provisions from the 13 original states and Vermont, this book presents America’s first tradition of rights on its own terms and as part of this country’s heritage of rights. Early chapters will examine the sources of these rights and provide a comparative framework. An introduction to each chapter will review that state’s colonial history, focusing on any charters or legislation related to rights protections that help explain its constitutional provisions. This work will make it possible for students, scholars, and interested citizens to rediscover the first fruits of the American Revolution.

This is the only modern comprehensive constitutional history of any state, and as a history of Virgina, it is one of the oldest and most complex. Virginia's state legislature is the Virginia General Assembly, which was established in July 1619, making it the oldest current lawmaking body in North America. Brent Tarter's Constitutional History of Virginia covers over three hundred years of Virginia's legislative policy, from colony to statehood, revealing its political and legal backstory. From the very beginning in 1606, when James I chartered the Virginia Company to establish a commercial outpost on the Atlantic coast of North America, through the first two decades of the twenty-first century, the fundamental constitutions of the colony and state of Virginia have evolved and changed as the demographic, economic, political, and cultural characteristics of Virginia changed. Elements of the colonial constitution influenced the character of the state's first constitution in 1776, and changing relationships between the people and their government, as well as relationships between the state and federal governments, have influenced how the state's constitution has evolved. Tarter explores that evolution and taps into its relevance to the people who have lived and still live in Virginia.

This book examines internal political conflicts in the British Empire within the legal framework of treason and sedition. The threat of treason and rebellion pervaded the British Atlantic in the 17th and 18th centuries; Britain's control of its territories was continually threatened by rebellion and war, both at home and in North America. Even after American independence, Britain and its former colony continued to be fearful that opposition and revolution might follow the French example, and both took legal measures to control both speech and political action. This study places these conflicts within a political and legal framework of the laws of treason and sedition as they developed in the British Atlantic. The treason laws originated in the reign of Edward III, and were adapted and modified in the 16th and 17th centuries. They were exported to the colonies, where they underwent both adaptation and elaboration in application in the slave societies as well as those dominated by free settlers. Relationships with natives and European rivals in the Americas affected the definitions of treason in practice, and the divided loyalties of the American revolutionary war added further problems of defining loyalty and treachery. Treason and Rebellion in the British Atlantic, 1685-1800 offers a new study of treason and sedition in the period by placing them in a truly transatlantic perspective, making it a valuable study for those interested in the legal and political of Britain's empire and 18th-century revolutions.

Starting in Louisiana in the early nineteenth century, this book takes the reader on a journey through the USA and the development of their civil codes. From Georgia and New York, civil codes traveled to California and Dakota Territory; in the Great Plains, they made their way to Montana, North Dakota, and South Dakota by the end of the century. Unveiling the history of nineteenth-century civil codes in the USA, this book examines their origin stories, circulation, and usage by focusing on the social-historical context of their drafting and legal concepts. “Rocheton's work, published four decades after Cook's book on ‘The American Codification Movement,’ contains an exhaustive and insightful analysis of nineteenth-century civil codes. It thoroughly discusses their context, how they were conceived, discussed, drafted and approved, their main foreign influences and content, and their practical operation." - Aniceto Masferrer, University of Valencia “While there is a vast corpus of literature on codification and, more specifically, civil codes in the civil law tradition, it is much less known that six US states codified their private laws during the 19th century. This book tells the fascinating story. Spoiler alert: it’s a family affair.” - Stefan Vogenauer, Max Planck Institute for Legal History and Legal Theory

This book explores the place of loyalty in the relationship between the monarchy and their subjects in late medieval and early modern Britain. It focuses on a period in which political and religious upheaval tested the bonds of loyalty between ruler and ruled. The era also witnessed changes in how loyalty was developed and expressed. The first section focuses on royal propaganda and expressions of loyalty from the gentry and nobility under the Yorkist and early Tudor monarchs, as well as the fifteenth-century Scottish monarchy. The chapters illustrate late-medieval conceptions of loyalty, exploring how they manifested themselves and how they persisted and developed into early modernity. Loyalty to the later Tudors and early Stuarts is scrutinised in the second section, gauging the growing level of dissent in the build-up to the British Civil Wars of the seventeenth century. The final section dissects the role that the concept of loyalty played during and after the Civil Wars, looking at how divergent groups navigated this turbulent period and examining the ways in which loyalty could be used as a means of surviving the upheaval.

Often cited but rarely studied in their own right, family directories help us reconsider how ancestry and genealogy became objects of widespread commercialization in the 18th century. Employed by contemporaries as reference tools to navigate society, they can be used by historians to explore attitudes towards social status and political events.