Uncivil Warriors

Uncivil Warriors PDF

Author: Peter Hoffer

Publisher: Oxford University Press

Published: 2018-05-01

Total Pages: 272

ISBN-13: 0190851783

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In the Civil War, the United States and the Confederate States of America engaged in combat to defend distinct legal regimes and the social order they embodied and protected. Depending on whose side's arguments one accepted, the Constitution either demanded the Union's continuance or allowed for its dissolution. After the war began, rival legal concepts of insurrection (a civil war within a nation) and belligerency (war between sovereign enemies) vied for adherents in federal and Confederate councils. In a "nation of laws," such martial legalism was not surprising. Moreover, many of the political leaders of both the North and the South were lawyers themselves, including Abraham Lincoln. These lawyers now found themselves at the center of this violent maelstrom. For these men, as for their countrymen in the years following the conflict, the sacrifices of the war gave legitimacy to new kinds of laws defining citizenship and civil rights. The eminent legal historian Peter Charles Hoffer's Uncivil Warriors focuses on these lawyers' civil war: on the legal professionals who plotted the course of the war from seats of power, the scenes of battle, and the home front. Both the North and the South had their complement of lawyers, and Hoffer provides coverage of each side's leading lawyers. In positions of leadership, they struggled to make sense of the conflict, and in the course of that struggle, began to glimpse of new world of law. It was a law that empowered as well as limited government, a law that conferred personal dignity and rights on those who, at the war's beginning, could claim neither in law. Comprehensive in coverage, Uncivil Warriors' focus on the central of lawyers and the law in America's worst conflict will transform how we think about the Civil War itself.

The New High Priests

The New High Priests PDF

Author: Gerald W. Gawalt

Publisher: Praeger

Published: 1984-06-22

Total Pages: 238

ISBN-13:

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Gerard W. Gawalt has collected essays that explore the critical period in the development of the legal profession from 1865 to 1900, when law replaced religion as the controlling element in American society and lawyers clearly established themselves as the formulators, advocates, and arbiters of the law. The authors of these essays explore the extent of the legal profession's involvement in the growth of industrial America, focusing on the state of the profession in various geographic regions and on the profession's institutions and plans for education, regulation, reform, and practice in the period after the Civil War. They address the central question of how the nature and structure of the legal profession was molded by the growth of urban-industrial society and argue that the profession not only adapted, but pioneered and adopted many of the aspects of the new industrialism.

All for Civil Rights

All for Civil Rights PDF

Author: W. Lewis Burke

Publisher: University of Georgia Press

Published: 2017-07-01

Total Pages: 367

ISBN-13: 0820350990

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“The history of the black lawyer in South Carolina,” writes W. Lewis Burke, “is one of the most significant untold stories of the long and troubled struggle for equal rights in the state.” Beginning in Reconstruction and continuing to the modern civil rights era, 168 black lawyers were admitted to the South Carolina bar. All for Civil Rights is the first book-length study devoted to those lawyers’ struggles and achievements in the state that had the largest black population in the country, by percentage, until 1930—and that was a majority black state through 1920. Examining court processes, trials, and life stories of the lawyers, Burke offers a comprehensive analysis of black lawyers’ engagement with the legal system. Some of that study is set in the courts and legislative halls, for the South Carolina bar once had the highest percentage of black lawyers of any southern state, and South Carolina was one of only two states to ever have a black majority legislature. However, Burke also tells who these lawyers were (some were former slaves, while others had backgrounds in the church, the military, or journalism); where they came from (nonnatives came from as close as Georgia and as far away as Barbados); and how they were educated, largely through apprenticeship. Burke argues forcefully that from the earliest days after the Civil War to the heyday of the modern civil rights movement, the story of the black lawyer in South Carolina is the story of the civil rights lawyer in the Deep South. Although All for Civil Rights focuses specifically on South Carolinians, its argument about the legal shift in black personhood from the slave era to the 1960s resonates throughout the South.