By John W. Wertheimer
Legislations and Society within the South reconstructs 8 pivotal criminal disputes heard in North Carolina courts among the 1830s and the Seventies and examines essentially the most arguable problems with southern heritage, together with white supremacy and race kin, the educating of evolution in public colleges, and Prohibition. ultimately, the booklet explores many of the ways that legislations and society interacted within the South through the civil rights period. The voices of racial minorities-some urging integration, others opposing it-grew extra audible in the felony method in this time. legislation and Society within the South divulges the genuine nature of the courts: because the unpredictable venues of extreme battles among southerners as they persevered dramatic alterations of their governing values.
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Extra info for Law and Society in the South: A History of North Carolina Court Cases (New Directions in Southern History)
But because Jesse waited until shortly after the child’s birth before marrying Ann, “it is but reasonable to conclude, that the birth of the child and the belief that it was his own, constituted a prevailing . . 34 Few jurists would have found this reasoning persuasive. By the tenets of caveat emptor (buyer beware), Jesse, who had the opportunity to inspect the goods before purchase, as it were, had a much weaker claim to divorce than did Marville, who could not inspect the child Jacksonian Age Divorce and Democratization 25 until after the marriage.
One proposal would have slashed the salaries of state Supreme Court justices by 20 percent. Another sought to weaken the state bench’s important power to impose punishments for contempt. A third bill proposed popular election of court clerks. 17 A fourth bill, introduced just as Ruffin and his colleagues convened for their December 1832 term, was even more radical. It called for the abolition of the North Carolina Supreme Court. The bill would divide the state into seven judicial circuits. Judges would rotate around these circuits and would take turns serving on a supreme tribunal that would hear appeals.
The slaves” in matters of discipline. Anticipating screams from the budding antislavery movement, however, Ruffin skillfully denied personal responsibility for his own ruling. As a compassionate man, he suggested in the decision’s famous opening paragraph, he would like nothing better than to follow his “feelings” and give the brutal shooter his comeuppance. But as a judge, he could not do so. The law “impose[d]” a “severe” and “imperative duty” upon judges to follow rules, not emotions. 27 This was not so, however.
Law and Society in the South: A History of North Carolina Court Cases (New Directions in Southern History) by John W. Wertheimer