Browsing by Subject "Legal Culture"

“‘To Restore Peace and Tranquility to the Neighborhood’: Violence, Legal Culture and Community in New York City, 1799-1827” examines the various ways ordinary people, legal officials, lawmakers, and editors negotiated the boundaries between inclusion and exclusion, or what historians call “belonging.” It uses legal cases and crime publications to analyze contradictory visions of the public good within the context of key political and social changes in the city, state, and nation. The dissertation moves from the operations of violence on the ground to the ideological implications of violence in the era of gradual emancipation. New Yorkers—male and female, free and unfree, native and immigrant—could and did participate in legal proceedings. Complainants and witnesses relied on the processes of law rather than actual verdicts to establish order in their personal lives and in their communities. This dissertation contends that people made and remade community through the adjudication and interpretation of violent conflict.

Violence was indicative of daily exchanges and disagreements, all of which were linked to how people envisioned themselves and the “other,” or what scholars refer to as “reputation.” Gendered and racialized identities developed from negotiations that transpired inside and outside legal forums. White women, free blacks, and enslaved and indentured persons continually redefined notions of femininity and blackness through the violence they employed.

Concepts of reputation and race and gender formation intersected in legal forums and in broader discussions about how men and women should conduct themselves in the nineteenth century. At a moment when lawmakers debated the nature of citizenship, crime publications intentionally highlighted violent offenses to offer a particular vision of who citizens should be and to marginalize the working classes, immigrants, and African Americans. The institution of slavery and the violence inherent to it became a means for editors to portray African Americans as socially inferior and to guard the city’s moral reputation against abolitionists. Ultimately, violence played a role in the efforts of editors and lawmakers to delegitimize free blacks’ social and political belonging in New York and the nation as a whole.

This dissertation analyzes the development of legal strategies to restrict “wastefulness” or “prodigality” during the economic crises of the long sixteenth century in Southwest Germany, as the state, community and small town families struggled to preserve family and household resources. Using local, state, and imperial court trials of “spendthrifts” from early modern Württemberg, the thesis shows that prodigality laws provided litigants with a flexible, multifaceted tool to prevent reckless financial mismanagement. Once laws began to criminalize wastefulness in the mid-sixteenth century, lawmakers, litigants, and judges used this concept to intervene in family affairs and brand heads of households as legally incompetent. Although litigants largely applied spendthrift laws against male heads of households, family members and the authorities also challenged women with property, accusing them of squandering precious family resources and transgressing gender- and class specific standards of proper household management. The new legal and social culture of thrift and wastefulness not only had profound consequences for gender- and class-based norms of economic behavior but also transformed those economic norms into prerequisites for legal personhood. Finally, the thesis suggests ways in which early modern guardianship and spendthrift laws shaped wider concepts of citizenship, rationality, disability, and deviance, pointing to long-lasting influences that shaped state policies in Germany into the twentieth century.