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Repressive Jurisprudence in the Early American Republic - 9780521191357

Un libro in lingua di Blumberg Phillip I. edito da Cambridge Univ Pr, 2010

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This volume will enable readers to understand how the Revolutionary American society didicated to the noble asporations of the Declaration of Independence and the bill of Rights Could have adopted one of the most widely deplored statutes in American history, the Sedition Act of 1798. It demonstrates how the wholesale incorporation by the new statesin 1776 of full body of English law into the Americsn Law also meant the adoption of the English repressive common-law jurisprudence that had been fashioned to support the English monarchical political system that had been repudiated in the American Revolution. the unhappy result was that in the new nation as well as in England, strong criticism of the executive (King or President), the legislature (Parliament or Congress), the judiciary, and Christianity was criminalized. Despite the First Amendment, freedom of speech and press were dramatically restricted for 150 years as American courts enforced the repressive jurisprudence until well into the 20th century. This book will be of keen interest to all concerned with the Early Republic, freedom of speech, and the evolution of American constitutional jurisprudence. Because it addresses the much-criticized Sedition Act of 1798, one of the most dramatic illustrations of this repressive jurisprudence, the book will also be of interest to Americans concerned with preserving free speech in wartime.

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