In urging the ratification of the Constitution, James Madison had identified one of the central problems of the new American republic, the rivalry of power and liberty. This text focuses on the various constitutional problems that surrounded the need to provide simultaneously a sufficient degree of union and public authority to guarantee defence and order, and a sufficient degree of individual liberty to satisfy the demands and expectations of private citizens who were wary of the arbitrary powers of government.
In urging the ratification of the Constitution, James Madison had identified one of the central problems of the new American republic, the rivalry of ...
Distinguished by the critical value it assigns to law in Puritan society, this study describes precisely how the Massachusetts legal system differed from England's and how equity and an adapted common law became so useful to ordinary individuals. The author discovers that law gradually replaced religion and communalism as the source of social stability, and he gives a new interpretation to the witchcraft prosecutions of 1692.
Originally published 1979.
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Distinguished by the critical value it assigns to law in Puritan society, this study describes precisely how the Massachusetts legal system differed f...