The subjugation of Native Americans by European immigrants grew out of a violent clash of cultures that, in retrospect, hid real opportunities for peaceful coexistence. Key elements of this tragic tale can clearly be seen in Yasuhide Kawashima's chronicle of the events surrounding a criminal trial in Puritan New England-perhaps the earliest landmark case in American law.
In 1675, Wampanoag Indian John Sassamon was allegedly ambushed and murdered on his way home from Plymouth, where he had warned the colonists about his people's plan to attack them. An investigation led to the trial and execution of three Indians based on the testimony of only one suspect witness. The verdict aggravated tensions between Indians and settlers and ultimately ignited King Philip's War, after which Indians were subjugated, their villages effectively became reservations, and all hope of bicultural existence vanished.
Although it is usually considered from a political or cultural standpoint, Kawashima retells the story of the murder and trial from the perspective of legal history and overlapping jurisdictions. He shows that Plymouth's aggressive extension of its legal authority marked the end of four decades of legal coexistence between Indians and colonists, ushering in a new era of cultural and legal imperialism.
Kawashima views this seminal legal conflict as a reflection of much larger cultural differences between the two groups. Within that context, however, he also questions the validity of the proceedings themselves. In the end, Kawashima suggests, the murder verdict was a rush to judgment that rested on the shaky foundations of neglected forensic evidence as well as procedural violations of colonial law that ignored the rights of the accused. That decision marked a turning point in Euro-Indian relations and set the pattern for the ultimate marginalization of all Indians in North America. Kawashima's explication of those events casts history in a new light and shows us the critical importance of this landmark case.
... Reginald 184 McKibbin , R. 65 , 217 , 247 , 272 , 273 , 284 Mackintosh , Alphonso 162 Macmillan , Harold 298-9 mains ( dicing game ) 21 managers 200-5 , 400 Masterman , C. E. G. 183 match betting 218 Matthews , Charles 180 Matthews ...
Mark A. Graber, Howard Gillman ... 2 In an introduction to a work subtitled Lessons from the Confederate Constitution that rarely refers to slaves or slavery, Marshall L. DeRosa declares, “the model of government embodied in the CSA ...
12. 1807 Yours of the 3d . Int has been duly received . " The opinions which you give touching the case of Lee & Coulson have been always mine , ever since I examined the case . I now enclose you a Copy of Murdocks deposition .
196. Id. at 813-16 (Scalia, J., dissenting) (citing Romero v. Int'l Terminal Operating Co., 358 U.S. 354 (1959); Lauritzen v. Larsen, 345 U.S. 571 (1953); Murray v. Schooner Charming Betsy, 6 U.S. (2 Cranch64)(l804)). 197. Id. at 8 1 7.
页末的这幅图片描绘了一个断头台的早期原型,名为“福尔布雷特”(字面意思是“下落的木板”)。在这个刑具中,没有锋利的(甚或金属的)刀片,通过迅速一击来使身首分离;相反,这个刑具只是由几块结实的橡木板构成。在锤击的作用下,厚钝的木板边缘可以砸烂受害者的 ...
1962年9月,美国司法部长罗伯特•肯尼迪主持召开“毒品滥用白宫会议”,开始从公众健康导向角度思考吸毒问题,尝试进行毒品贩卖者和毒品成瘾者之间的区分。1965年3月8日,约翰逊总统批准了《1965年药品滥用管制修正案》,对危险药品的非法使用进行严格管制, ...
Trial of the Chicago Eight (or Chicago Seven).
Papers of John Marshall: Vol. II: Correspondence and Papers, July 1788-December 1795, and Account Book, July 1788-December 1795
In its determination to preserve the century of revolution, Gale initiated a revolution of its own: digitization of epic proportions to preserve these invaluable works in the largest archive of its kind.
本书对古典私权一般理论的发展历程进行深入考察,包括考察其思想根源——盛行于17世纪末期至18世纪的德国自然权利义务理论;探究其对民法体系构造的影响,借此揭示潘得克吞式民法体系的形成原因与内在机理。