Modern Chivalry in Early American Law: H. H. Brackenridge's Legal Thought

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Author: Madeline Sapienza

ISBN-10: 081918375X

ISBN-13: 9780819183750

Category: Legal History

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This work contains the legal contributions and observations of Hugh Henry Brackenridge, Pennsylvania Supreme Court judge, teacher, preacher, publisher, gazetteer, lawyer, and fiction writer who reached the pinnacle of his career during the Jeffersonian era. Brackenridge's body of legal thought is juxtaposed with the published lectures of James Wilson, the commentaries on Blackstone by St. George Tucker, and selections from "The Federalist Papers." Contents: "Modern Chivalry:" The Early Books; "Modern Chivalry:" The Later Books; Overview of "Law Miscellanies"; Selected State Supreme Court Cases; Concluding Thoughts.

PrefaceIntroductionIntroductory NoteBiographical NoteNotes to IntroductionCh. IModern Chivalry: The Early Books1Introduction to the Work1Narrative of the Early Books7Democratic Law-Making8Presumptive Testimony9Dueling10Suicide, As the Result of Social Pressures11Slavery13Lawyers, Judges, Courts, and Law Satirized15Legal Aspects of National Issues18The Love-Sick and Contract-Minded Attorney19Federal Statute and Rebellion19An Honorable J.P.21A Preliminary View of the Writ of Habeas Corpus23Notes to Chapter I25Ch. IIModern Chivalry: The Later Books41Narrative of the Later Books41Freedom of the Press and Its Limits42Defense of the English Common Law44No Laws45Acts of God, and Madmen47Lessons for a Trial Attorney48Impeachment of the Court49Contemporary Political Themes52Final Look at the Dueling Theme53Continuation of the Impeachment Question53Capital Punishment54Slavery and Manumission55Constitutional Law56Democratic Chivalry in Action: The Courtroom57(l)The Jury57(2)The Lawyers59(3)The Judges62Final Point: Laws, or No Laws?64Notes to Chapter II69Ch. IIIOverview of Law Miscellanies83Blackstone's Commentaries86Book I86Book II88Book III91Book IV92Law in Pennsylvania93(l)Statutes and Legal System93(2)The Law-Making Arm of the State95(3)Court Reporters and Admired Practitioners of the Law96Notes to Chapter III99Ch. IVSelected State Supreme Court Cases107Common Sense, Precedents, and English Law107The Legal Context of the Word111Indians and Slaves113Slander, Libel, and Perjury114Crime and Punishment114The Jury115Notes to Chapter IV119Ch. VConcluding Thoughts125Notes to Chapter V133Appendix A. Chapter Headings of Law Miscellanies135Appendix B. Chapter Titles of Tucker's Notes in His Volumes on Blackstone's Commentaries139Appendix C. Listing of Pennsylvania Supreme Court Districts141Appendix D. Suggested Reading List of Certain Pennsylvania Supreme Court Opinions by Brackenridge143Selected Bibliography149Index161Author's Biographical Sketch165