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In 1773 John Adams observed that one source of tension in the debate between England and the colonies could be traced to the different conceptions each side had of the terms "legally" and "constitutionally"--different conceptions that were, as Shannon Stimson here demonstrates, symptomatic of deeper jurisprudential, political, and even epistemological differences between the two governmental outlooks. This study of the political and legal thought of the American revolution and founding period explores the differences between late eighteenth-century British and American perceptions of the judicial and jural power.In Stimson's book, which will interest both historians and theorists of law and politics, the study of colonial juries provides an incisive tool for organizing, interpreting, and evaluating various strands of American political theory, and for challenging the common assumption of a basic unity of vision of the roots of Anglo-American jurisprudence. The author introduces an original concept, that of "judicial space," to account for the development of the highly political role of the Supreme Court, a judicial body that has no clear counterpart in English jurisprudence.
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Brendan Young
reviewed The American Revolution in the law on October 12, 2020
The American Revolution in the law
A neat blend of ethnography, politics and history, this dense book fills a unique place in Jefferson biography. Jefferson's figure is actually relegated to a secondary role here; while his policies are extensively dealt with, they are always done so in the context of the native peoples they affected. This emphasis, as opposed to the tack of viewing Jefferson's policies as an outgrowth of his character, is important for several reasons: first, it reveals that the attitudes and prejudices behind Jeffersonian Indian policy existed on a national scale, and secondly, that they were not necessarily borne out of Jefferson's personal vendetta against Native Americans.
This widened scope has it's drawbacks; it can make following the thread of history difficult, because so many people had a role in Indian policy. It also obscures Jefferson's personal role in the affair. "Jefferson and the Indians" as a title implies a more personal and focused approach than is actually taken.
The book's best parts are what is not implied in the title: the rich array of Native voices, often taken directly from the original texts; Jefferson's extra-political ventures in ethnography; the analysis and criticism of popular sentiment towards Indians, including religious missionary efforts, analyzed separately by denomination. In this area, the book is deep and interesting, if not so different from more general histories. In this way, the book is a more valuable resource on Native American history than on presidential history. The generality I found disappointing, because it wasn't what I was looking for from this particular book, but it's not a bad thing in itself.
With the breadth of scope, a brisker style might have worked better. Wallace can drone at times, blurring the line between academic lecture and narrative history. The personal, human scale of the book is often neglected in favor of a more mechanistic, large-scale perspective so that little is made of the "tragedy" of the story. Still, the point ought to be obvious for any reader with a little patience.
A book for a bird's-eye view of the topic, rewarding with some forbearance for its flaws.
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