Between Markets and Hierarchies: Law and the Constituting of Postcolonial Authority in the 'Imagined' American Republic, 1820–1850. From Discourse to Discipline
Author: Vogel, Mary
Source: King's Law Journal, Volume 22, Number 3, October 2011 , pp. 335-395(61)
Publisher: Hart Publishing
Abstract:Although much is written about the discourse of a rule of law in governing post-Revolutionary America, much less is known about the project of re-inventing postcolonial authority for the new world of self-rule. In France, Americans believed, violence had erupted during the Reign of Terror because revolutionary social transformation had simply turned citizens out of their roles and routines of the quotidien as radically free individuals. Without that stabilising influence, the multitudes had grown unruly. Ideology alone, thus, did not appear enough to consolidate a new social order. In this article, the author draws on the genealogical approach of Michel Foucault to explore how, in America, leaders relied on the discourse of a rule of law but improvised to intertwine it consciously with the institutional support for constructive and ethically harmonious living traditionally provided by authoritative hierarchies of traditional local governance, especially those of the household and workplace, through the cultural practices of everyday life. That is they moved from discourse to discipline. This article explores the role of law, judges and the courts of Boston, Massachusetts–a hub of legal innovation--in that project.
Document Type: Research Article
Publication date: October 1, 2011
- Until 2007 the King's Law Journal was known as the King's College Law Journal. It was established in 1990 as a legal periodical publishing scholarly and authoritative Articles, Notes and Reports on legal issues of current importance to both academic research and legal practice. It has a national and international readership, and publishes refereed contributions from authors across the United Kingdom, from continental Europe and further afield (particularly Commonwealth countries and USA). The journal includes a Reviews section containing critical notices of recently published books.
- Editorial Board
- Information for Authors
- Subscribe to this Title
- Information for Advertisers
- Sample Paper
- Email alerts (Hart books and journals)
- ingentaconnect is not responsible for the content or availability of external websites