In a Defiant Stance: The Conditions of Law in Massachusetts Bay, the Irish Comparison, and the Coming of the American RevolutionThe minimum of violence accompanying the success of the American Revolution resulted in large part, argues this book, from the conditions of law the British allowed in the American colonies. By contrast, Ireland's struggle for independence was prolonged, bloody, and bitter largely because of the repressive conditions of law imposed by Britain. Examining the most rebellious American colony, Massachusetts Bay, Professor Reid finds that law was locally controlled while imperial law was almost nonexistent as an influence on the daily lives of individuals. In Ireland the same English common law, because of imperial control of legal machinery, produced an opposite result. The Irish were forced to resort to secret, underground violence. The author examines various Massachusetts Bay institutions to show the consequences of whig party control, in contrast to the situation in 18th-century Ireland. A general conclusion is that law, the conditions of positive law, and the matter of who controls the law may have more significant effects on the course of events than is generally assumed. |
From inside the book
Results 1-5 of 54
... Clamors Flow The Conditions of Law 17 4 Democracy Is Too Prevalent in America The Civil Traverse Jury 27 5 Juries Lie Open to Management The Uses of the Grand Jury 41 6 In Defiance of the Threats The Criminal Traverse Jury.
... Criminal Traverse Jury 55 7 Unless Laws Are Enforced The Legitimacy of Whig Law 65 8 By Consent of the Council The Import of Local Control 74 9 The Seeds of Anarchy The Execution of Whig Law 85 10 The Same Leaven with the People The ...
... criminal—that gave the agents of imperial authority their greatest challenge, the common law by which they were told to govern the most ungovernable of King George's subjects. “The town of Boston,” a Massachusetts governor during 1771 ...
... criminal — that gave the agents of imperial authority their greatest challenge , the common law by which they were told to govern the most ungovernable of King George's subjects . " The town of Boston , " a Massachusetts governor during ...
... criminal cases he tried would have staggered an American lawyer.12 An Irish judge could hear during a single assize more capital trials than a Massachusetts judge would witness in a lifetime at the bar and on the bench . The selection ...
Contents
1 | |
7 | |
17 | |
27 | |
Juries Lie Open to Management The Uses of the Grand Jury | 41 |
In Defiance of the Threats The Criminal Traverse Jury | 55 |
Unless Laws Are Enforced The Legitimacy of Whig Law | 65 |
By Consent of the Council The Import of Local Control | 74 |
Disjointed and Independent of Each Other The Conditions of Imperial Law | 100 |
The Government They Have Set Up The Emergence of Whig Government | 118 |
The Oppression of Centuries The Irish Comparison | 135 |
A Most Dreadful Ruin The Legal Mind of BritishRuled Ireland | 143 |
To Effect a Revolution The Execution of Imperial Law | 150 |
Enforced by Mobs The Rule of Law | 160 |
Notes | 174 |
Acknowledgments | 219 |
The Seeds of Anarchy The Execution of Whig Law | 85 |
The Same Leaven with the People The Legal Mind of the American Whig | 92 |
Index | 220 |