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The Dreadful Word: Speech Crime and Polite Gentlemen in Massachusetts, 1690–1776: Studies in Legal History

Autor Kristin A. Olbertson
en Limba Engleză Hardback – 9 mar 2022
This book, the first comprehensive study of criminal speech in eighteenth-century New England, traces how the criminalization, prosecution, and punishment of speech offenses in Massachusetts helped to establish and legitimate a social and cultural regime of politeness. Analyzing provincial statutes and hundreds of criminal prosecutions, Kristin A. Olbertson argues that colonists transformed their understanding of speech offenses, from fundamentally ungodly to primarily impolite. As white male gentility emerged as the pre-eminent model of authority, records of criminal prosecution and punishment show a distinct cadre of politely pious men defining themselves largely in contrast to the vulgar, the impious, and the unmanly. “Law,” as manifested in statutes as well as in local courts and communities, promoted and legitimized a particular, polite vision of the king's peace and helped effectuate the British Empire. In this unique and fascinating work, Olbertson reveals how ordinary people interacted with and shaped legal institutions.
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Specificații

ISBN-13: 9781009098908
ISBN-10: 100909890X
Pagini: 258
Dimensiuni: 157 x 236 x 23 mm
Greutate: 0.66 kg
Ediția:Nouă
Editura: Cambridge University Press
Colecția Cambridge University Press
Seria Studies in Legal History

Locul publicării:New York, United States

Cuprins

1. Introduction; 2. A politer peace; 3. Sensibility; 4. Civility; 5. Credibility; 6. Cacophony; 7. Respectability; Bibliography; Index.

Recenzii

'Olbertson reveals how, prior to the Revolution, prosecution of speech misbehavior increasingly marked the boundaries between the refined and the vulgar. Convictions (and acquittals) for threats, contempt, defamation, and false reports distinguished the 'lower sort' from their 'betters'. Slowly but surely, Massachusetts judges and juries gave greater weight to sensibility, civility, and credibility as markers of distinction, while moving away from prosecuting sinful speech and toward defining genteel masculinity. A tour de force.' Sally E. Hadden, Western Michigan University
'Olbertson builds on two generations of scholarship that have taught us to understand New England's legal culture as enmeshed with English notions of hierarchy. She transforms our understanding by her relentless and pointed focus on the ways speech offences were, for a time at least, integral to governance. A witty and beautifully researched study of how, in a time and place that prized sincerity and restraint and deference, noise and irreverence were everywhere.' Hendrik Hartog, author of The Trouble with Minna: A Case of Slavery and Emancipation in the Antebellum North
'Kristin Olbertson has given us a wide-ranging, wonderfully textured, and deeply insightful exploration of how generations of elites in early Massachusetts reinforced their identity and patrolled the boundaries of the status they claimed by criminalizing the speech of people they deemed their inferiors or who might challenge their authority. The Dreadful Word is a masterly accomplishment that teaches us not simply to see the past with new understanding, but to hear it, as well.' Bruce H. Mann, Harvard Law School

Notă biografică


Descriere

A fascinating study of how elite white men in eighteenth-century Massachusetts incorporated the ethos of politeness into the law of criminal speech.