In a Defiant Stance: The Conditions of Law in Massachusetts Bay, the Irish Comparison, and the Coming of the American Revolution

John P. Reid (Russell D. Niles Professor of Law Emeritus at New York University School of Law)

In a Defiant Stance: The Conditions of Law in Massachusetts Bay, the Irish Comparison, and the Coming of the American Revolution
Format
Paperback
Publisher
Pennsylvania State University Press
Country
United States
Published
15 September 1977
Pages
236
ISBN
9780271022772

In a Defiant Stance: The Conditions of Law in Massachusetts Bay, the Irish Comparison, and the Coming of the American Revolution

John P. Reid (Russell D. Niles Professor of Law Emeritus at New York University School of Law)

The minimum of violence accompanying the success of the American Revolution resulted in large part, argues this book, from the conditions of law the British allowed in the American colonies. By contrast, Ireland’s struggle for independence was prolonged, bloody, and bitter largely because of the repressive conditions of law imposed by Britain. 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. The Irish were forced to resort to secret, underground violence. The author examines various Massachusetts Bay institutions–the governorship, the council, the grand jury, the traverse jury, the magistrates-to show the consequences of whig party control, in contrast to the situation in 18th-century Ireland. The nature of imperial legislation is shown to have impaired the effectiveness of the British army and navy as police forces in America. A general conclusion is that law, the conditions of positive law, and the matter of who controls the law may have more significant effects on the course of events than is generally assumed. John Phillip Reid is the author of two books on early American judges in addition to two on Cherokee law, most recently A Better Kind of Hatchet (Penn State, 1976). Professor of Law at New York University, he is a graduate of Georgetown and Harvard Law, and holds a master’s degree in history from New Hampshire as well as a doctorate in law from NYU.

This item is not currently in-stock. It can be ordered online and is expected to ship in approx 2 weeks

Our stock data is updated periodically, and availability may change throughout the day for in-demand items. Please call the relevant shop for the most current stock information. Prices are subject to change without notice.

Sign in or become a Readings Member to add this title to a wishlist.