In 1773 John Adams observed that one source of tension in the debate between England and the colonies could be traced to the different conceptions each side had of the terms "legally" and "constitutionally"--different conceptions that were, as Shannon Stimson here demonstrates, symptomatic of deeper jurisprudential, political, and even epistemological differences between the two governmental outlooks. This study of the political and legal thought of the American revolution and founding period explores the differences between late eighteenth-century British and (...) American perceptions of the judicial and jural power. In Stimson's book, which will interest both historians and theorists of law and politics, the study of colonial juries provides an incisive tool for organizing, interpreting, and evaluating various strands of American political theory, and for challenging the common assumption of a basic unity of vision of the roots of Anglo-American jurisprudence. The author introduces an original concept, that of "judicial space," to account for the development of the highly political role of the Supreme Court, a judicial body that has no clear counterpart in English jurisprudence. Originally published in 1990. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905. (shrink)

Was the American Revolution a just war? Did it adhere to the accepted standards for determining a just war? This article evaluates the American situation in the 1770s, including the Americans’ claims to be Englishmen, the level of taxation in the colonies, their level of freedom, and the violence perpetrated by American colonists. It also investigates the validity of the primary American argument – no taxation without representation. The reporting of key events and American (...) propaganda is explored along with its significance for the overall question. Finally, this article evaluates the American Revolution in light of standard just war rules. The conclusion of this article is negative: the American colonists did not, overall, fight a just war. (shrink)

This essay revisits the long-standing debate concerning the sources for the underlying political beliefs and commitments held by the “founding generation,” those colonists who came to the conclusion that separation from the mother country was necessary and inevitable. It uses a mixed mode of enquiry and analysis, blending standard close reading of texts with computer-aided inspection of the archive at scale. It seeks to clarify the extent to which a set of political assumptions and theories widely assumed to be gathered (...) under the rubric of “republicanism” could have shaped the thinking of this founding generation. Given that the term “republicanism” was very infrequent until the last decade or so of the eighteenth century, the essay proposes ways of interrogating the historical formation of concepts for which no label can be easily discerned. Following the consideration of some candidate terms or phrases that might, at the time of the American Revolution, have effectively been hosts for the political idea of “republicanism,” the essay arrives at the conclusion that the founding generation reimagined the role that “republicanism” had played in their thinking at the time. (shrink)

The Next American Revolution? Reflections on Gar Alperovitz, What Then Must We Do?

A major paradox of modern happiness gained wide public exposure in 1776 when Thomas Jefferson substituted the phrase “the pursuit of happiness” in place of Locke’s formulation: “life, liberty, and property.” In substituting happiness for property, Jefferson obscured the central hypocrisy of the Revolution, that—as contemporaries complained—the “loudest yelps for liberty” were made by those practicing slavery. Jefferson elided the overlap between the pursuit of happiness and the protection of human property. And he blurred the connection between the assertion (...) of slave power and the creation of a broad emotional hegemony in the service of multifaceted projects of political-economic mastery. Today, historians of emotion face an urgent need to explore the deep roots of this feeling in systems of unfreedom. (shrink)

Examines the philosophical sources behind the thinking of America's Revolutionary leaders, especially as incorporated in the Declaration of Independence.

In terms of its impact on Britain, historians have long treated the American Revolution as the poor cousin of the French Revolution. Following E P Thompson's Marxist emphasis on the 1790s as the start of The making of the English working class (1963), scholars have devoted enormous amounts of time and energy to studying British popular politics and intellectual developments in the last decade of the eighteenth century. The American Revolution has traditionally attracted less attention (...) outside American national historiography.

In British history, the American war has been studied mostly as a problem of high politics. British historians have written many fine studies of the complex politics of the 1760s through to the war of 1775-83. While American historians have searched long and hard for long term social and economic causes of their revolution, British historians have tended to view the war as primarily a failure of politics. Ian Christie argued that 'the Revolution was a human tragedy, for which certain men were responsible, more particularly because, in Great Britain, the politicians who had the common sense and vision were out of power (owing to their own weakness and limitations) and those who were in power lacked the vision'. John Cannon has argued that Britain was little affected by the loss of America. Economic ties reconnected after 1783 and Britons moved on with their lives at the centre of an empire that was still strong in the West Indies and Canada, and expanding in the eastern hemisphere.

There have been some impressive studies of the impact of the American Revolution on British popular politics. H T Dickinson has written a number of influential studies of popular politics in the eighteenth century and edited an important volume of essays on _Britain and the American Revolution_ (1988). James E Bradley has analysed a wealth of empirical detail on Dissenting religion and political agitation during the American crisis. Eliga H Gould's _The persistence of empire: British political culture in the age of the American Revolution_ (2000) has provided an insightful study of the strength of loyalism. While of high quality, however, the quantity of such studies has long been dwarfed by the 1790s industry.

In recent years, however, scholars have begun to emphasise the importance of the period before the French Revolution. The impact of war on the development of state and society in the middle decades of the eighteenth century is now attracting attention. In _The British Isles and the War of American Independence_ (2000) Stephen Conway has detailed the significant impact the war had on state and society in Britain. In British history, according to Sarah Knott, 'where once the French Revolution, and its ricochets, was the fin-de-siècle story of transformation, now the years of the American war are the location of all manner of historical change.'. (shrink)

Robert Nozick worked in a Lockean tradition of political philosophy, a tradition with deep resonance in the American political culture. This paper attempts to explore the formative moments of that culture and at the same time to clarify the role of Lockean philosophy in the American Revolution. One of the currently dominant approaches to the revolution emphasizes the colonists' commitments to their rights, but identifies the relevant rights as “the rights of Englishmen,” not natural rights in (...) the Lockean mode. This approach misses, however, the way the Americans construed their positive or constitutional rights in the light of a Lockean background theory. In a word, the Americans recreated an amalgam of traditional constitutional principles and Lockean philosophy, an amalgam that nearly guaranteed that they and the British would speak past each other. The ambiguities and uncertainties of the British constitution as extended to the colonies provided an incentive to the Americans (but not the British) to look to Locke as a guide to their rights, thereby helping win a place for Lockean theory in American political thinking. (shrink)

This article situates Hannah Arendt’s On Revolution in the traditions of French and American revolutionary historiography to demonstrate that Arendt’s ‘fable’ of the American Revolution was at odds with her argument about the council form. I argue that had Arendt really wanted to inspire a resurrection of the council form in the present, she would have done better to orient her readers to the French Revolution, specifically to the experiments in democratic republicanism of the group (...) known as the Girondins. (shrink)

Debates over whether the discourse used to justify resistance during the American Revolution was "liberal" or "republican" often obscure the more central question of why and how early American thinkers were able to combine strands of political thought that many modern scholars find contradictory. The arguments the Americans used to justify resistance are better understood as falling into four types that were not understood to be mutually exclusive: Lockean, Biblical, legal/historical, and republican. Locke's ideas often provided an (...) organizing framework within which the other types of argument were used. (shrink)

A major intellectual history of the American Revolution and its influence on later revolutions in Europe and the Americas The Expanding Blaze is a sweeping history of how the American Revolution inspired revolutions throughout Europe and the Atlantic world in the eighteenth and nineteenth centuries. Jonathan Israel, one of the world’s leading historians of the Enlightenment, shows how the radical ideas of American founders such as Paine, Jefferson, Franklin, Madison, and Monroe set the pattern for (...) democratic revolutions, movements, and constitutions in France, Britain, Ireland, the Netherlands, Belgium, Poland, Greece, Canada, Haiti, Brazil, and Spanish America. The Expanding Blaze reminds us that the American Revolution was an astonishingly radical event—and that it didn’t end with the transformation and independence of America. Rather, the Revolution continued to reverberate in Europe and the Americas for the next three-quarters of a century. This comprehensive history of the Revolution’s international influence traces how American efforts to implement Radical Enlightenment ideas—including the destruction of the old regime and the promotion of democratic republicanism, self-government, and liberty—helped drive revolutions abroad, as foreign leaders explicitly followed the American example and espoused American democratic values. The first major new intellectual history of the age of democratic revolution in decades, The Expanding Blaze returns the American Revolution to its global context. (shrink)

Recent interpretations of the American revolution, particularly those of Bailyn and Pocock, have incorporated an understanding of Locke as the moral apologist ...

Richard Price is remembered mainly for his work in moral philosophy, A Review of the Principal Questions and Difficulties in Morals. He also wrote widely and effectively on the political and economic problems of his time; he contributed with rare distinction to the polemical pamphlet literature which surrounded the America revolution. He was devoted to the American cause, and he analyzed and attacked British policies not only on grounds of utility but also in consideration of rationally apprehended natural (...) rights. In this regard, his most famous pamphlets are his Observations on the Nature of Civil Liberty, Additional Observations on the Nature and Value of Civil Liberty, and Observations on the Importance of the American Revolution. The first two pamphlets were also bound together and, with a general introduction, published as Two Tracts. (shrink)

An outgrowth of the Bicentennial. White examines the metaphysics, epistemology, and moral philosophy which influenced American revolutionary thought. Focusing on the doctrines of self-evident truth and natural law expressed in the Declaration of Independence, he elucidates them by erudite explications and critical analyses of such 17th and 18th century thinkers as John Locke, Francis Hutcheson, and Jean Jacques Burlamaqui. Traditional interpretations, best represented by Carl Becker’s The Declaration of Independence, have stressed the role of Locke. More recently, intellectual historians (...) have reassessed the Scottish influence on American thought, apparent in White’s own Science & Sentiment in America, chap. 3, and in Garry Wills’s Inventing America: Jefferson’s Declaration of Independence. Wills claims for Hutcheson the place formerly reserved for Locke as the philosopher who most directly shaped Jefferson’s thought and style in the Declaration. Now White makes a case for the neglected 18th century Swiss legal philosopher, Jean Jacques Burlamaqui. (shrink)

This essay discusses an important early French response to the American Revolution, chapters 38-52 in Book 18 of Raynal and Diderot's Histoire des deux Indes (1780), and explores how this reponse was shaped by the influence of Montesquieu. In Raynal and Diderot's conception of political freedom, as in Montesquieu's, universalism is tempered by empiricism. Public opinion must never be ignored, local factors matter: the two philosophes praise the American revolutionaries for their wisdom in this respect. Clearly Montesquieuan (...) in inspiration, the American chapters of the Histoire des deux Indes constitute one of the most significant pre-revolutionary examples of moderate liberalism in France. (shrink)

Both the Kevelson Seminar topic, ‘Lawyers as Makers of Meaning,’ and the appearance of a highly-publicized television series in the United States dedicated to the life of President John Adams (1735–1826) invite inquiry into Adams’ role as a lawyer who shaped the meaning of the American Revolution (and his role in bringing it about). Three trials from Adams’ early legal career illustrate that he presented both himself and fellow resistance leader James Otis, Jr., as heroic loners struggling for (...) the rights of Americans against British injustice. Although he did not call it that, in 1970 lawyer and future Massachusetts Superior Court Justice Hiller Zobel, in his book The Boston Massacre, undertook what we would consider a semiotic approach that investigated the relevant codes and contexts—both the legal complexities and the audiences, other lawyers, judges, and posterity about which Adams spoke, simplifying and minimizing their roles as he maximized his own (and Otis’s). Zobel’s own relationship with Adams’ legal career appeared in his own tenure on the bench, especially in the famous ‘Nanny’ (discussed by Denis Brion, in this issue) case in which he explicitly presented the Boston Massacre Trials as a relevant precedent. Despite Adams’ willingness to subordinate his clients’ welfare to the patriot cause early in his career, it can be argued that HBO television and historian David McCullough, by presenting him to the public only flawed by his outspoken, stubborn honesty, have nevertheless performed a public service. Their version of Adams offers Americans in the twenty-first century an alternative role model to the dishonest, ill-informed politicians who use public opinion polls rather than political theory, moral philosophy, and historical knowledge as the basis of their decisions. (shrink)

Book Description -/- Edmund Burke (1730-1797) was a friend and advocate of America during the political crisis of the 1760s and the 1770s, and he spoke out eloquently and forcefully in defense of the rights of the colonial subjects of the British empire—in America, Ireland and India alike. However, he is often best remembered for his extremely critical Reflections on the Revolution in France. The present volume is based on classic Burke, including his most famous writings and speeches on (...) the American Crisis. Though his efforts at conciliation with the American colonies ultimately failed, Burke is widely remembered, studied and venerated by liberal and conservative thinkers alike, for his elucidation and criticism of the excesses of empire and political excesses generally. Irish-born, Burke made his career as a British Whig statesman and Member of Parliament, but he was also a powerful writer of philosophical works in high literary style. -/- In the present volume, Burke’s ideas, ideals and arguments are explored and set in their original historical and political context. The volume places the reader in a position to understand the similarities and contrasts between the political philosophy of the Whig ascendancy in British politics and the republican political philosophy of the American founders. What comes to the fore is Burke’s twin emphasis on continuity and justice, the anti-rationalism of his opposition to directly applying abstract political theory to policy decisions, the pluralism of peoples and public mores within the empire, the crucial roles of political representation in good government, and the fundamental importance of the consent of the governed. -/- Was Burke a friend of a foe of revolution? Was he a “liberal” or a “conservative”? To what degree did he accept the political ideals of the American founders? How could he both defend the American protests and reject the claims of the French Revolution? Thomas Jefferson’s “Summary View of the Rights of British America” is included in the volume for comparison and contrast. This book presents a deeper understanding of Burke’s political thought by exploring the similarities and contrasts with founding ideals of America’s republican tradition. (shrink)

This article treats the political thought of Simón Bolívar, a leading figure in South America's struggle for independence. It describes Bolívar's ideas by reference to both their broadly Atlantic origins and their specifically American concerns, arguing that they comprise a theory of `republican imperialism', paradoxically proposing an essentially imperial project as a means of winning and consolidating independence from European rule. This basic tension is traced through Bolívar's discussions of revolution, constitutions, and territorial unification, and then used to (...) frame a comparison with the founders of the United States. It suggests, in closing, that contextual similarities amongst the American revolutions make them particularly apt subjects for comparative study of the history of political thought. (shrink)

The Birth of American Law: An Italian Philosopher and the American Revolution tells the forgotten, untold story of the origins of U.S. law. Before the Revolutionary War, a 26-year-old Italian thinker, Cesare Beccaria, published On Crimes and Punishments, a runaway bestseller that shaped the Declaration of Independence, the U.S. Constitution, and early American laws. America's Founding Fathers, including early U.S. Presidents, avidly read Beccaria's book--a product of the Italian Enlightenment that argued against tyranny and the death (...) penalty. Beccaria's book shaped American views on everything from free speech to republicanism, to "Life, Liberty and the pursuit of Happiness," to gun ownership and the founders' understanding of "cruel and unusual punishments," the famous phrase in the U.S. Constitution's Eighth Amendment. In opposing torture and infamy, Beccaria inspired America's founders to jettison England's Bloody Code, heavily reliant on executions and corporal punishments, and to adopt the penitentiary system. The cast of characters in The Birth of American Law includes the usual suspects--George Washington, Thomas Jefferson, John Adams and James Madison. But it also includes the now little-remembered Count Luigi Castiglioni, a botanist from Milan who--decades before Alexis de Tocqueville's Democracy in America--toured all thirteen original American states before the 1787 Constitutional Convention in Philadelphia. Also figuring in this dramatic story of the American Revolution: Madison's Princeton classmate William Bradford, an early U.S. Attorney General and Beccaria devotee; John Dickinson, the "Penman of the Revolution" who wrote of Beccaria's "genius" and "masterly hand"; James Wilson and Dr. Benjamin Rush, signers of the Declaration of Independence and fellow Beccaria admirers; and Philip Mazzei, Jefferson's Italian-American neighbor at Monticello and yet another Beccaria enthusiast. In documenting Beccaria's game-changing influence, The Birth of American Law sheds important new light on the Constitution, the Bill of Rights, and the creation of American law. This book is part of the Legal History Series, edited by H. Jefferson Powell, Duke University School of Law. The Birth of American Law was awarded the 2015 Scribes Book Award and the First Prize in the 2015 AAIS Book Award competition (in the 18th/19th century category). It was also named INDIEFAB's 2014 Gold Winner for History! (shrink)

I told the workers they had to be prepared for the tortures of success. Success in our business, the trade union business, means getting workers to middle-class status. You succeed and Huelga is just going to be an exciting recollection. The guy who carried a banner in 1966—well, in five years you're going to have a hard time getting him to a union meeting: Revolutions become institutions, that's a truism of our business.

This book is aptly titled. William Bartram's political setting, not his scientific accomplishments, is the focus of Edward Cashin's work. In that sense, this is a companion piece to his earlier volume, The King's Ranger: Thomas Brown and the American Revolution on the Southern Frontier . Cashin mined Bartram's Travels as a basis for commentary on each person, place, and event mentioned, putting them in a political perspective rather than focusing on the botanical, geographical, or zoological aspects of (...) Bartram's work. These digressions may span decades on either side of Bartram's journeys. Sometimes this material is related only tangentially to Bartram himself. Many readers will be frustrated by Cashin's speculative habits, as when he suggests that “Bartram must have” known or done something or that “it would have been important for Bartram to know” something without providing sufficient basis for such claims. Cashin has written a book about eighteenth‐century Georgia and South Carolina; Isis readers seeking a monograph on Bartram as a scientist will have to await another author. (shrink)