Your favorite local bookstore.
Everywhere.

You could win a $100 HPB Gift Card! ENTER NOW
Controlling the Law

Controlling The Law: Legal Politics In Early National New Hampshire


In today's courtroom, the jurors evaluate the evidence and pronounce the verdict while the judge has final authority in interpreting the law but it was not always so. In colonial America, the jurors enjoyed a much greater say. Legal historian John Phillip Reid recounts how the judges gained their modern authority in the early nineteenth century by instituting courtroom practices modeled on the English "common law" judicial system.Reid brings this transformation, which in the days of the Early Republic spread throughout the states and even to the federal courts, down to human scale by focusing on the legal and judicial career of one man: Jeremiah Smith. First as a U.S. District Attorney, later as the Chief Justice of the New Hampshire Supreme Court, Smith promoted a series of reforms between 1797 and 1816. Intent upon placing the law in the hands of professional lawyers, he standardized legal procedures. While Smith made the judge lord of the courtroom at the expense of the jurors, he simultaneously mandated the publication of judicial reports that, by setting a series of precedents, served both to enhance the authority of one reading of the law and to impose limits on subsequent interpretations. As judicial decisions became more uniform, Smith believed, the law itself would become more certain.Not everyone supported these reforms, however. Jeffersonians claimed that such measures threatened to take power from the layman and feared that judges would replace democratically elected legislators as the real lawmakers. Smith himself proved eager to flex judicial muscle and soon found himself wrestling the state's governor, William Plumer. Smith's questionable rulings prolonged a trial involving Plumer's brother; and in 1805, when Plumer failed to honor a summons, Smith ordered his arrest. Plumer eventually exacted his revenge and removed Smith from the chief justice's bench. This conflict between two former friends adds a human dimension to legal history.Thanks largely to the reforms introduced by Jeremiah Smith in New Hampshire, by 1830, legal theory, legal practice, and the law itself were much more uniform throughout the United States than they had been just twenty-five years before. If the reformers had not, as Reid argues, intended to favor any particular class, they did prepare the way for the development of a reliable legal system able to serve merchants and capitalists in the Industrial Age.



  • Condition: --
    HPB condition ratings
    • New: Item is brand new, unused and unmarked, in flawless condition.
    • Fine/Like New (F): No defects, little usage. May show remainder marks. Older books may show minor flaws.
    • Very Good (VG): Shows some signs of wear and is no longer fresh. Attractive. Used textbooks do not come with supplemental materials.
    • Good (G): Average used book with all pages present. Possible loose bindings, highlighting, cocked spine or torn dust jackets. Used textbooks do not come with supplemental materials.
    • Fair (FR): Obviously well-worn, but no text pages missing. May be without endpapers or title page. Markings do not interfere with readability. Used textbooks do not come with supplemental materials.
    • Poor (P): All text is legible but may be soiled and have binding defects. Reading copies and binding copies fall into this category. Used textbooks do not come with supplemental materials.
    Conditions Guide
  • Format: Hardcover
  • Sold by: --
  • Language: English
  • Publisher: Northern Illinois Univ Pr
  • ISBN-13: 9780875803210
  • ISBN: 0875803210
  • Publication Year: 2004
HPB pick - Out of stock
Loading...
Loading marketplace...
HPB condition ratings
  • New: Item is brand new, unused and unmarked, in flawless condition.
  • Fine/Like New (F): No defects, little usage. May show remainder marks. Older books may show minor flaws.
  • Very Good (VG): Shows some signs of wear and is no longer fresh. Attractive. Used textbooks do not come with supplemental materials.
  • Good (G): Average used book with all pages present. Possible loose bindings, highlighting, cocked spine or torn dust jackets. Used textbooks do not come with supplemental materials.
  • Fair (FR): Obviously well-worn, but no text pages missing. May be without endpapers or title page. Markings do not interfere with readability. Used textbooks do not come with supplemental materials.
  • Poor (P): All text is legible but may be soiled and have binding defects. Reading copies and binding copies fall into this category. Used textbooks do not come with supplemental materials.
Conditions Guide
HPB condition ratings
  • New: Mint condition or still sealed (SS). Absolutely perfect in every way. New.
  • Fine/Like New (EX): No defects, little sign of use, well cared for. Plays perfectly. Close to new. Not necessarily sealed or unused, but close. Could be an unopened promotional or cut item. Sometimes called: mint-minus.
  • Very Good (VG): Will show some signs that it was played and otherwise handled by a previous owner who took good care of it.
  • Good (G): Attractive and well cared for, but no longer fresh. Minor signs of wear, scuffing or scratching, but will play almost perfectly. For vinyl: barely detectable crackles or pops.
  • Fair (FR): This item is in okay condition. For vinyl: good is not so good and the record may have low level crackles or pops when playing. CD: one or more tracks may skip.
  • Poor (P): Obviously well-worn and handled. Most vinyl collectors will not buy good or below, but some tracks on CD or vinyl will play.
Conditions Guide
HPB condition ratings
  • New: This movie is unopened and brand new.
  • Fine/Like New (EX): Near new. No defects, little sign of use. Plays perfectly. Not necessarily sealed or unused, but close. No skipping; no fuzzy or snowy frames in VHS.
  • Very Good (VG): Attractive and well cared for but no longer fresh. Minor signs of wear, but will play almost perfectly. For VHS: barely detectable distortion or very few fuzzy or snowy frames.
  • Good (G): This item is in okay condition and basically works well. There may be some minor distortion on VHS tape; slight scratching or wear on DVD.
  • Fair (FR): Basically plays, but may be obviously well-worn with some scratching or tape distortion.
  • Poor (P): Disc or tape is intact, but may be scratched or stretched. There may be skips or distortion or product defects.
Conditions Guide
×