The southern judicial tradition : state judges and sectional distinctiveness, 1790-1890 / Timothy S. Huebner.

Format:

Book

Author/Creator:

Huebner, Timothy S., 1966-

Series:

Studies in the legal history of the South.

Studies in the legal history of the South

Language:

English

Subjects (All):

Judges--Southern States--Biography.

Judges.

Judges--Southern States--History.

Justice, Administration of--Southern States--History.

Justice, Administration of.

Southern States--History.

Southern States.

Physical Description:

1 online resource (280 p.)

Edition:

1st ed.

Place of Publication:

Athens, Ga. : University of Georgia Press, c1999.

Language Note:

English

Summary:

This first book to examine the lives and work of nineteenth-century southern judges explores the emergence of a southern judiciary and the effects of regional peculiarities and attitudes on legal development. Drawing on the judicial opinions and private correspondence of six chief justices whose careers span both the region and the century, Timothy S. Huebner analyzes their conceptions of their roles and the substance of their opinions related to cases involving homicide, economic development, federalism, and race. Examining judges both on and off the bench-as formulators of law and as citizens whose lives were intertwined with southern values-Huebner reveals the tensions that sometimes arose out of loyalties to sectional principles and national professional consciousness. He exposes the myth of southern leniency in appellate homicide decisions and also shows how the southern judiciary contributed to and reflected larger trends in American legal development. This book adds to our understanding of both southern distinctiveness and American legal culture.

Contents:

COVER

CONTENTS

PREFACE

INTRODUCTION: Southerners, Judges, and Southern Judges

CHAPTER ONE: Spencer Roane, Virginia Legal Culture, and the Rise of a Southern Judiciary

CHAPTER TWO: John Catron, Jacksonian Jurisprudence, and the Expansion of the South

CHAPTER THREE: Joseph Henry Lumpkin and the Vision of an Independent South

CHAPTER FOUR: John Hemphill, the Texas Supreme Court, and the "Taming" of the Frontier

CHAPTER FIVE: Thomas Ruffin, Judicial Pragmatism, and Southern Constitutionalism

CHAPTER SIX: George W. Stone, Political Sectionalism, and Legal Nationalism

CONCLUSION: Southern Judges and American Legal Culture

NOTES

BIBLIOGRAPHY

INDEX

A

B

C

D

E

F

G

H

I

J

K

L

M

N

O

P

R

S

T

U

V

W

Y

Z.

Notes:

Bibliographic Level Mode of Issuance: Monograph

Includes bibliographical references and index.

ISBN:

9786613586636

9781280491405

128049140X

9780820342283

0820342289

OCLC:

753977949