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Law for the Elephant: Property and Social Behavior on the Overland Trail download epub

by John Phillip Reid


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Law for the Elephant book.

Law for the Elephant book. John Phillip Reid demonstrates how seriously overlande For most of their journey, travelers on the overland trail to California in the 1840s and 1850s were beyond the reach of the law and its enforcers, the police and the courts. Yet, not only did the law play a large role in life on the trail, it was a law hardly distinguishable from the one the emigrants had left behind.

Then you can start reading Kindle books on your smartphone, tablet, or computer - no. .Reid explores the use of property law on the Overland Trail

Then you can start reading Kindle books on your smartphone, tablet, or computer - no Kindle device required. If the myth of the lawless trail riders perpetuated by pulp fiction scribes yet infiltrated the ranks of professional historians up until the publication of this work, this book was their death knell. Reid explores the use of property law on the Overland Trail. He concludes that property law was something that was inherent to Americans in general, and not something forced upon them by corporate America (p. 335).

book by John Phillip Reid. For most of their journey, travelers on the overland trail to California in the 1840s and 1850s were beyond the reach of the law and its enforcers, the police and the courts

For most of their journey, travelers on the overland trail to California in the 1840s and 1850s were beyond the reach of the law and its enforcers, the police and the courts.

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Law for the Elephant: Property and Social Behavior on the Overland Trail by John Phillip Reid (1980). A densely written and documented history of the economics of mass migration. Many surprises, and many deep insights.

Law for the Elephant: Property and Social Behavior on the Overland Trail by John Phillip Reid (1980). My summer reading goals-like perennial New Year’s resolutions to exercise more and lose weight-are partially aspirational. But I will definitely make a dent in my growing stack (actually, stacks) of unread books, beginning with the volumes I discuss here.

Law for the Elephant: Property and Social Behavior on the Overland Trail As the field has flourished, this book has remained an authoritative text.

Law for the Elephant: Property and Social Behavior on the Overland Trail. John Phillip Reid is widely known for his groundbreaking work in American legal history. A Law of Blood," first published in the early 1970s, led the way in an additional newly emerging academic field: American Indian history. As the field has flourished, this book has remained an authoritative text.

Law for the elephant by John Phillip Reid, 1997, Huntington Library . property and social behavior on the Overland Trail. Includes bibliographical references (p. 375-408) and index.

property and social behavior on the Overland Trail. 1st pbk. ed. by John Phillip Reid. Published 1997 by Huntington Library in San Marino, Calif.

Examining the most rebellious American colony, Massachusetts Bay, Professor Reid finds that law was locally controlled while imperial law was almost . Law for the Elephant – Property and Social Behavior on the Overland Trail.

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. Indeed, there was "whig law" in Massachusetts from 1765 to 1775, so that even the Boston mob was an agency of generally nonviolent revolution. In Ireland the same English common law, because of imperial control of legal machinery, produced an opposite result. Law for the Elephant – Property and Social Behavior on от 1095. Bitter ?sg? To Accompany ?computers?

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For most of their journey, travelers on the overland trail to California in the 1840s and 1850s were beyond the reach of the law and its enforcers, the police and the courts. Yet, not only did the law play a large role in life on the trail, it was a law hardly distinguishable from the one the emigrants had left behind. John Phillip Reid demonstrates how seriously overlanders regarded the rights of property and personal ownership when they went west as he explores their diaries, letters, and memoirs, giving an unusually rich and vivid picture of life on the overland trail.

Comments: (3)

Ttyr
This is an excellent analysis of the development of law in the western frontier as settlement preceded "law and order" and the common law was adapted to the circumstances
Drelalak
Law for the Elephant is an incredibly well researched work that deserves much attention. If the myth of the lawless trail riders perpetuated by pulp fiction scribes yet infiltrated the ranks of professional historians up until the publication of this work, this book was their death knell.
Reid methodically debunks one of the most commonly misunderstood aspects of mid nineteenth century life on the Overland trail. His exhaustive use of primary sources and his meticulous notes must brand this book as the definitive work on the subject of property and social behavior on the overland trail from a legal perspective. The weight of evidence regarding the relative lawfulness of the travelers is such that, as presented, nearly half way through the reader is inexorably swayed to its veracity. Reid presents not a modicum or even generous amount of proof, but a crush of evidence. The fact that he was only able to locate three specific journal entries of lawlessness regarding property, while it does not suggest there was not more, is significantly persuasive. The fact that he is able to logically illustrate that these cases of lawlessness may be shown as examples of how legal theory and values were imbued within the lawbreakers, is doubly clever.
Although not a scintillating read, Reid displays a certain deftness for keeping the readers attention through what could have been far drier material in the hands of one not so gifted with the pen. His assemblage of innumerable primary sources is a praiseworthy accomplishment. Quotes from primary sources are woven consistently and seemingly effortlessly throughout the text, creating a patchwork of storytelling by case study.
This is not to say, however, that this is an entertaining read for laity or even the armchair historian. Reid occasionally slips into legalese that may momentarily obfuscate the read for even the professional historian, but a standard or legal dictionary remedies this. Also, Reid believes the average American on the trail possessed a greater knowledge of the law then than previously thought. Although this may be the case, some of what Reid chalks up to proof of extensive legal knowledge seems no more than ordinary common sense on behalf of the traveler. In a broader sense, to be fair, Reid does not delve deeply into criminality other than in regard to property. But, conventional wisdom suggests that the two are closely linked and thus, Reid obliquely strengthens his argument by this subtle correlation. These few minor criticisms notwithstanding, as a work of legal historical scholarship, Law for the Elephant is nearly flawless and is a significant contribution to the historiography of the overland trail.
Quynaus
The Overland Trail that spread to the gold fields of California and Oregon was a trying ordeal; it tested the will and endurance of the American character. The experience of the trail not only shaped America geographically, but socially, politically, and economically as well. The trail also shaped another American institution: law. Law and the Overland Trail is a topic that deserves greater study to determine charaterisitcs of the overland trail and the development of law in America. Law during antebellum America focused on capital speculation and corporate structure, and a bed of safe property law allowed corporate proliferation to occur. Reid examines inherent social and legal developments of the Overland Trail with great detail by examining a plethora of sources. He examines diaries, papers and other records for inferences to legal conduct. Reid explores the use of property law on the Overland Trail. He concludes that property law was something that was inherent to Americans in general, and not something forced upon them by corporate America (p. 335). The trail is unique in American legal history, because it shows how Americans administered law in a lawless land. Reid starts the book with general assumptions about the trail, emigrants and jurisprudence. He notes that the emigrant is a typical American: man women, child, old Young, ethnic, educated and uneducated. This mass of humanity seeking a new existence, in a place presented as a paradise, was not a lawless immoral group as legend, and some scholarship dictates. In assuming so, Reid states that, "Easily overlooked is the possibility that law could be the common denominator, explaining both the definitions people shared and the conduct they followed" (p. 10). Reid examines a common thread: property rights. The remainder of the book examines the interrelationships, uses, and behaviors associated with property and property rights. He notes that the creation, operation, and dissolution of joint stock ventures operated with a high degree of jurisprudence. An interesting aspect explored is the concept of ownership. Except for natural resources such as water, property was an abstract concept. Emigrants abandoned property as the hardships of the trial demanded, to avoid liabilities associated with traveling weight. Emigrants obtained supplies by barter, or by acquiring discarded property (p. 293). Reid notes that the transfer and handling of property, whether by and individual, or partnership was peaceful, and rarely was violence employed as a means of resolution (p. 341-54). Reid concludes by stating, "Instead, they respected the rights of property owners much as if still back east in the midst of plenty. By respect for their neighbor, and their neighbors property, they were, more than not, adhering to a morality of law" (p. 364). Law for the Elephant is an excellent macro interpretation of property, legal, and social relations of California gold rush emigrants. Another advantage the work provides us is an understanding of why current views of property came to be. The research is well covered, and the readability of the book is excellent. The book not only provides generalizations about law and the Overland Trail, but gives insight into how emigrants acted at the micro level as well.
Law for the Elephant: Property and Social Behavior on the Overland Trail download epub
Humanities
Author: John Phillip Reid
ISBN: 0873281047
Category: Other
Subcategory: Humanities
Language: English
Publisher: Huntington Library Pr; First Edition edition (January 1, 1980)
Pages: 396 pages