History of American Law to 1877

Catalog description

This course is designed to explore major themes and events in early American legal history. Because of the richness of the subject matter and the wealth of sources available, we will be selective in our focus. The course will emphasize several core areas of legal development that run throughout colonial and early national history: 1) the state: including topics such as war and other military or police action, insurrection, revolution, regulation, courts, economic policy, and public health; 2) labor: including race and racially-based slavery, varied forms of servitude and labor coercion, household labor, industrialization, unionization, and market development; 3) property: including property in persons, land, and business, and the role of lawyers in promoting the creation of wealth; 4) private spaces: including family, individual rights, sexuality, gender, and private relations of authority; 5) constitutionalism: various methods of setting norms (rules, principles, values) that create, structure, and define the limits of government power and authority in colonial/imperial, state, and national contexts; 6) democracy and belonging: including questions of citizenship, voting rights, and participation in public life. By placing primary sources within historical context, the course will expose students to the ways that legal change has affected the course of American history and contemporary life. The course will be conducted primarily in lecture format, but I invite student questions and participation. In the end, the central aim of this course is to acquaint students with a keen sense of the ways that law has operated to liberate, constrain, and organize Americans. Ideally, students will come away with sharper critical thinking and reading skills, as well. *This course is a core requirement for the Legal Studies and History Minor (LSHS).*