Stuart Banner
Biographic Data
| ID | 457255 |
|---|---|
| NAME | Stuart Banner |
| GIVEN NAMES | Stuart |
| FAMILY NAME | Banner |
| SIGNATURE | BANNER S |
| AFFILIATIONS | Washington University in St. Louis |
| VERIFIED | No |
| TOTAL WORKS | 23 |
| TOTAL CITATIONS | 159 |
| AUTHOR COUNT | 23 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1996 |
| LATEST PUBLICATION YEAR | 2011 |
| H-INDEX | 4 |
Legal History, Inside and Out
MANY of us would have recognized Freedom Bound as a Christopher Tomlins production even if his name were not on the cover. One reason is that he is characteristically explicit and self-conscious about the role of law in the stories he tells. Law, when Tomlins writes about it, is as much of an actor as the people he writes about. Law “supplied the institutional means by which . . . new commonwealths . . . were organized.” Law “established the cond…
St Century Fox
Most court opinions are like actors: the older they get, the less people pay attention to them. For instance, the case immediately after Pierson v. Post in volume 3 of Caines's Reports is called Hollingsworth v. Napier . It was an important case in its day, much more important than Pierson v. Post , because it involved a recurring question of commercial law: what rights, if any, did a seller retain in goods stored in a public warehouse after he h…
Possessing the Pacific
Banner tells the story of colonial settlement in Australia, New Zealand, Fiji, Tonga, Hawaii, California, Oregon, Washington, British Columbia, and Alaska. Possessing the Pacific is an original and broadly conceived study of how colonial struggles over land still shape the relations between whites and indigenous people throughout much of the world
Why Terra Nullius? Anthropology and Property Law in Early Australia
The British treated Australia as terra nullius —as unowned land. Under British colonial law, aboriginal Australians had no property rights in the land, and colonization accordingly vested ownership of the entire continent in the British government. The doctrine of terra nullius remained the law in Australia throughout the colonial period, and indeed right up to 1992
How the Indians Lost Their Land
Between the early seventeenth century and the early twentieth, nearly all the land in the United States was transferred from American Indians to whites. How did Indians actually lose their land? Stuart Banner argues that neither simple coercion nor simple consent reflects the complicated legal history of land transfers. Instead, time, place, and the balance of power between Indians and settlers decided the outcome of land struggles
The Body and the State
Journal Article The Body and the State: Habeas Corpus and American Jurisprudence Get access Federman Cary. The Body and the State: Habeas Corpus and American Jurisprudence. Albany: State University of New York Press, 2006. xi, 242 pp. $65.00. Stuart Banner Stuart Banner UCLA School of Law Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 47, Issue 4, October 2005, Pages 456–457, htt…
Preparing to Be Colonized
In the late nineteenth and early twentieth centuries, throughout the Pacific Rim, European and American colonizers reorganized indigenous systems of property rights in land to make them look more like European property systems, with disastrous effects for the indigenous people involved. The very first of these schemes, however, was the Māhele of 1845-1855, which took place not in a colony but in the independent Kingdom of Hawaii. Why did the Hawa…
The Death Penalty
From Chaos to Continuity
From Chaos to Continuity: The Evolution of Louisiana's Judicial System, 1712-1862. By Mark F. Fernandez. (Baton Rouge: Louisiana State University Press, 2001. Pp. xviii, 135. Appendix, bibliography, index. Cloth, $29.95.) Louisiana has always been the odd state out in American law. The other forty-nine are squarely in the English common law tradition, but Louisiana is the only state with a legal system based in part on civil law, the Romanderived…
Anglo-American Securities Regulation
Journal Article Anglo-American Securities Regulation: Cultural and Political Roots, 1690–1860 Get access Banner StuartAnglo-American Securities Regulation: Cultural and Political Roots, 1690–1860 1998New York Cambridge University Pressxviii318$69.95, ISBN 0-521-62231-X Margaret C. Levenstein Margaret C. Levenstein University of MassachusettsAmherst, Massachusetts Search for other works by this author on: Oxford Academic Google Scholar Journal of …
Legal Systems in Conflict
Journal Article Legal Systems in Conflict: Property and Sovereignty in Missouri, 1750–1860. By Stuart Banner. (Norman: University of Oklahoma Press, 2000. xiv, 206 pp. $39.95, ISBN 0-80613182-9.) Get access Gregory S. Alexander Gregory S. Alexander Cornell University, Ithacca, New York Search for other works by this author on: Oxford Academic Google Scholar Journal of American History, Volume 87, Issue 4, March 2001, Pages 1479–1480, https://doi.…
The Death Penalty
Journal Article The Death Penalty: An American History Get access Banner Stuart, The Death Penalty: An American History. Cambridge, Mass.: Harvard University Press, 2002. 385 pp. $29.95. Michael L. Radelet Michael L. Radelet University of Colorado-Boulder Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 45, Issue 3, July 2001, Pages 322–323, https://doi.org/10.2307/3185327 Publishe…
Rebel and a Cause
Journal Article Rebel and a Cause: Caryl Chessman and the Politics of the Death Penalty in Postwar California, 1948–1974 Get access Hamm Theodore, Rebel and a Cause: Caryl Chessman and the Politics of the Death Penalty in Postwar California, 1948–1974. Berkeley: University of California Press, 2001. xi, 209 pp. $45.00 (cloth). $16.95 (paper). Stuart Banner Stuart Banner Washington University, St. Louis Search for other works by this author on: Ox…
Legal Systems in Conflict
Anglo-American Securities Regulation
Journal Article Anglo-American Securities Regulation: Cultural and Political Roots, 1690–1860 Get access Banner Stuart, Anglo-American Securities Regulation: Cultural and Political Roots, 1690–1860. Cambridge: Cambridge University Press, 1998. 318 pp. $69.95. Edwin J. Perkins Edwin J. Perkins University of Southern California Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 44, Iss…
Conquest by Contract
Much of the British empire was acquired by purchase rather than conquest, but indigenous peoples usually acquired little wealth despite extensive land sales. Explanations of where the money went tend to blame either the imprudence of indigenous sellers or the duplicity of British buyers. This article suggests that a focus solely on the conduct of the individuals operating within the land market rests on a poor theoretical understanding of the rel…
Legal Systems in Conflict
Journal Article Legal Systems in Conflict: Property and Sovereignty in Missouri, 1750–1860 Get access Legal Systems in Conflict: Property and Sovereignty in Missouri, 1750–1860. By Banner Stuart. (Norman: University of Oklahoma Press, 2000. xiii + 206 pp. Maps, notes, bibliography, index. $39.95.) William E. Foley William E. Foley Central Missouri State University Search for other works by this author on: Oxford Academic Google Scholar Western Hi…
Anglo-American Securities Regulation
Two Properties, One Land
If we use the word land to refer to the physical substance, and reserve the word property for the intellectual apparatus that organizes rights to use land, we can say that in colonial New Zealand, the British and the Maori overlaid two dissimilar systems of property on the same land. That difference in legal thought structured each side's perception of what the other was doing, in ways that illustrate unusually clearly the power of law to organiz…
City of Capital
Journal Article City of Capital: Politics and Markets in the English Financial Revolution Get access Carruthers Bruce G., City of Capital: Politics and Markets in the English Financial Revolution. Princeton: Princeton University Press, 1996; paperback ed., 1999. xiv, 303 pp. $18.95. Stuart Banner Stuart Banner Washington University (St. Louis) Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal Histo…
When Christianity Was Part of the Common Law
Nineteenth-century American judges and lawyers often claimed that Christianity was part of the common law. From Kent and Story in the early part of the century, to Cooley and Tiedeman toward the end, the maxim that “Christianity is part and parcel of the common law” (or some variant thereof) was heard so often that later commentators could refer to it as a matter “decided over and over again,” one which “[t]ext writers have reiterated and courts …
The Political Function of the Commons
Journal Article The Political Function of the Commons: Changing Conceptions of Property and Sovereignty in Missouri, 1750–1850 Get access Stuart Banner Stuart Banner Associate Professor of Law *Washington University. For remarkable research assistance, I’d like to thank Martha Clevenger and the folks at the Missouri Historical Society, as well as Joe Fiorill and James McElveen. For helpful comments on earlier drafts, I’d like to thank Tamara Detl…
Written Law and Unwritten Norms in Colonial St. Louis
The American officials who assumed control of the Louisiana Purchase territory were quite certain about the Spanish legal system they were displacing. “[T]he laws, rules of justice, and the forms of proceeding,” Amos Stoddard reported from St. Louis two weeks after receiving possession of Upper Louisiana on behalf of the United States, “were almost wholly arbitrary—for each successive Lieut. Governor has totally changed or abrogated those establi…
How the Indians Lost Their Land
Between the early seventeenth century and the early twentieth, nearly all the land in the United States was transferred from American Indians to whites. How did Indians actually lose their land? Stuart Banner argues that neither simple coercion nor simple consent reflects the complicated legal history of land transfers. Instead, time, place, and the balance of power between Indians and settlers decided the outcome of land struggles
Why Terra Nullius? Anthropology and Property Law in Early Australia
The British treated Australia as terra nullius —as unowned land. Under British colonial law, aboriginal Australians had no property rights in the land, and colonization accordingly vested ownership of the entire continent in the British government. The doctrine of terra nullius remained the law in Australia throughout the colonial period, and indeed right up to 1992
Preparing to Be Colonized
In the late nineteenth and early twentieth centuries, throughout the Pacific Rim, European and American colonizers reorganized indigenous systems of property rights in land to make them look more like European property systems, with disastrous effects for the indigenous people involved. The very first of these schemes, however, was the Māhele of 1845-1855, which took place not in a colony but in the independent Kingdom of Hawaii. Why did the Hawa…
Conquest by Contract
Much of the British empire was acquired by purchase rather than conquest, but indigenous peoples usually acquired little wealth despite extensive land sales. Explanations of where the money went tend to blame either the imprudence of indigenous sellers or the duplicity of British buyers. This article suggests that a focus solely on the conduct of the individuals operating within the land market rests on a poor theoretical understanding of the rel…
Possessing the Pacific
Banner tells the story of colonial settlement in Australia, New Zealand, Fiji, Tonga, Hawaii, California, Oregon, Washington, British Columbia, and Alaska. Possessing the Pacific is an original and broadly conceived study of how colonial struggles over land still shape the relations between whites and indigenous people throughout much of the world
Anglo-American Securities Regulation
Journal Article Anglo-American Securities Regulation: Cultural and Political Roots, 1690–1860 Get access Banner StuartAnglo-American Securities Regulation: Cultural and Political Roots, 1690–1860 1998New York Cambridge University Pressxviii318$69.95, ISBN 0-521-62231-X Margaret C. Levenstein Margaret C. Levenstein University of MassachusettsAmherst, Massachusetts Search for other works by this author on: Oxford Academic Google Scholar Journal of …
When Christianity Was Part of the Common Law
Nineteenth-century American judges and lawyers often claimed that Christianity was part of the common law. From Kent and Story in the early part of the century, to Cooley and Tiedeman toward the end, the maxim that “Christianity is part and parcel of the common law” (or some variant thereof) was heard so often that later commentators could refer to it as a matter “decided over and over again,” one which “[t]ext writers have reiterated and courts …
Two Properties, One Land
If we use the word land to refer to the physical substance, and reserve the word property for the intellectual apparatus that organizes rights to use land, we can say that in colonial New Zealand, the British and the Maori overlaid two dissimilar systems of property on the same land. That difference in legal thought structured each side's perception of what the other was doing, in ways that illustrate unusually clearly the power of law to organiz…
The Political Function of the Commons
Journal Article The Political Function of the Commons: Changing Conceptions of Property and Sovereignty in Missouri, 1750–1850 Get access Stuart Banner Stuart Banner Associate Professor of Law *Washington University. For remarkable research assistance, I’d like to thank Martha Clevenger and the folks at the Missouri Historical Society, as well as Joe Fiorill and James McElveen. For helpful comments on earlier drafts, I’d like to thank Tamara Detl…
Written Law and Unwritten Norms in Colonial St. Louis
The American officials who assumed control of the Louisiana Purchase territory were quite certain about the Spanish legal system they were displacing. “[T]he laws, rules of justice, and the forms of proceeding,” Amos Stoddard reported from St. Louis two weeks after receiving possession of Upper Louisiana on behalf of the United States, “were almost wholly arbitrary—for each successive Lieut. Governor has totally changed or abrogated those establi…
Written Law and Unwritten Norms in Colonial St. Louis
The American officials who assumed control of the Louisiana Purchase territory were quite certain about the Spanish legal system they were displacing. “[T]he laws, rules of justice, and the forms of proceeding,” Amos Stoddard reported from St. Louis two weeks after receiving possession of Upper Louisiana on behalf of the United States, “were almost wholly arbitrary—for each successive Lieut. Governor has totally changed or abrogated those establi…
The Political Function of the Commons
Journal Article The Political Function of the Commons: Changing Conceptions of Property and Sovereignty in Missouri, 1750–1850 Get access Stuart Banner Stuart Banner Associate Professor of Law *Washington University. For remarkable research assistance, I’d like to thank Martha Clevenger and the folks at the Missouri Historical Society, as well as Joe Fiorill and James McElveen. For helpful comments on earlier drafts, I’d like to thank Tamara Detl…
When Christianity Was Part of the Common Law
Nineteenth-century American judges and lawyers often claimed that Christianity was part of the common law. From Kent and Story in the early part of the century, to Cooley and Tiedeman toward the end, the maxim that “Christianity is part and parcel of the common law” (or some variant thereof) was heard so often that later commentators could refer to it as a matter “decided over and over again,” one which “[t]ext writers have reiterated and courts …
Two Properties, One Land
If we use the word land to refer to the physical substance, and reserve the word property for the intellectual apparatus that organizes rights to use land, we can say that in colonial New Zealand, the British and the Maori overlaid two dissimilar systems of property on the same land. That difference in legal thought structured each side's perception of what the other was doing, in ways that illustrate unusually clearly the power of law to organiz…
City of Capital
Journal Article City of Capital: Politics and Markets in the English Financial Revolution Get access Carruthers Bruce G., City of Capital: Politics and Markets in the English Financial Revolution. Princeton: Princeton University Press, 1996; paperback ed., 1999. xiv, 303 pp. $18.95. Stuart Banner Stuart Banner Washington University (St. Louis) Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal Histo…
Legal Systems in Conflict
Anglo-American Securities Regulation
Journal Article Anglo-American Securities Regulation: Cultural and Political Roots, 1690–1860 Get access Banner Stuart, Anglo-American Securities Regulation: Cultural and Political Roots, 1690–1860. Cambridge: Cambridge University Press, 1998. 318 pp. $69.95. Edwin J. Perkins Edwin J. Perkins University of Southern California Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 44, Iss…
Conquest by Contract
Much of the British empire was acquired by purchase rather than conquest, but indigenous peoples usually acquired little wealth despite extensive land sales. Explanations of where the money went tend to blame either the imprudence of indigenous sellers or the duplicity of British buyers. This article suggests that a focus solely on the conduct of the individuals operating within the land market rests on a poor theoretical understanding of the rel…
Legal Systems in Conflict
Journal Article Legal Systems in Conflict: Property and Sovereignty in Missouri, 1750–1860 Get access Legal Systems in Conflict: Property and Sovereignty in Missouri, 1750–1860. By Banner Stuart. (Norman: University of Oklahoma Press, 2000. xiii + 206 pp. Maps, notes, bibliography, index. $39.95.) William E. Foley William E. Foley Central Missouri State University Search for other works by this author on: Oxford Academic Google Scholar Western Hi…
Anglo-American Securities Regulation
Legal Systems in Conflict
Journal Article Legal Systems in Conflict: Property and Sovereignty in Missouri, 1750–1860. By Stuart Banner. (Norman: University of Oklahoma Press, 2000. xiv, 206 pp. $39.95, ISBN 0-80613182-9.) Get access Gregory S. Alexander Gregory S. Alexander Cornell University, Ithacca, New York Search for other works by this author on: Oxford Academic Google Scholar Journal of American History, Volume 87, Issue 4, March 2001, Pages 1479–1480, https://doi.…
The Death Penalty
Journal Article The Death Penalty: An American History Get access Banner Stuart, The Death Penalty: An American History. Cambridge, Mass.: Harvard University Press, 2002. 385 pp. $29.95. Michael L. Radelet Michael L. Radelet University of Colorado-Boulder Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 45, Issue 3, July 2001, Pages 322–323, https://doi.org/10.2307/3185327 Publishe…
Rebel and a Cause
Journal Article Rebel and a Cause: Caryl Chessman and the Politics of the Death Penalty in Postwar California, 1948–1974 Get access Hamm Theodore, Rebel and a Cause: Caryl Chessman and the Politics of the Death Penalty in Postwar California, 1948–1974. Berkeley: University of California Press, 2001. xi, 209 pp. $45.00 (cloth). $16.95 (paper). Stuart Banner Stuart Banner Washington University, St. Louis Search for other works by this author on: Ox…
The Death Penalty
From Chaos to Continuity
From Chaos to Continuity: The Evolution of Louisiana's Judicial System, 1712-1862. By Mark F. Fernandez. (Baton Rouge: Louisiana State University Press, 2001. Pp. xviii, 135. Appendix, bibliography, index. Cloth, $29.95.) Louisiana has always been the odd state out in American law. The other forty-nine are squarely in the English common law tradition, but Louisiana is the only state with a legal system based in part on civil law, the Romanderived…
Anglo-American Securities Regulation
Journal Article Anglo-American Securities Regulation: Cultural and Political Roots, 1690–1860 Get access Banner StuartAnglo-American Securities Regulation: Cultural and Political Roots, 1690–1860 1998New York Cambridge University Pressxviii318$69.95, ISBN 0-521-62231-X Margaret C. Levenstein Margaret C. Levenstein University of MassachusettsAmherst, Massachusetts Search for other works by this author on: Oxford Academic Google Scholar Journal of …
Why Terra Nullius? Anthropology and Property Law in Early Australia
The British treated Australia as terra nullius —as unowned land. Under British colonial law, aboriginal Australians had no property rights in the land, and colonization accordingly vested ownership of the entire continent in the British government. The doctrine of terra nullius remained the law in Australia throughout the colonial period, and indeed right up to 1992
How the Indians Lost Their Land
Between the early seventeenth century and the early twentieth, nearly all the land in the United States was transferred from American Indians to whites. How did Indians actually lose their land? Stuart Banner argues that neither simple coercion nor simple consent reflects the complicated legal history of land transfers. Instead, time, place, and the balance of power between Indians and settlers decided the outcome of land struggles
The Body and the State
Journal Article The Body and the State: Habeas Corpus and American Jurisprudence Get access Federman Cary. The Body and the State: Habeas Corpus and American Jurisprudence. Albany: State University of New York Press, 2006. xi, 242 pp. $65.00. Stuart Banner Stuart Banner UCLA School of Law Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 47, Issue 4, October 2005, Pages 456–457, htt…
Preparing to Be Colonized
In the late nineteenth and early twentieth centuries, throughout the Pacific Rim, European and American colonizers reorganized indigenous systems of property rights in land to make them look more like European property systems, with disastrous effects for the indigenous people involved. The very first of these schemes, however, was the Māhele of 1845-1855, which took place not in a colony but in the independent Kingdom of Hawaii. Why did the Hawa…
Possessing the Pacific
Banner tells the story of colonial settlement in Australia, New Zealand, Fiji, Tonga, Hawaii, California, Oregon, Washington, British Columbia, and Alaska. Possessing the Pacific is an original and broadly conceived study of how colonial struggles over land still shape the relations between whites and indigenous people throughout much of the world
St Century Fox
Most court opinions are like actors: the older they get, the less people pay attention to them. For instance, the case immediately after Pierson v. Post in volume 3 of Caines's Reports is called Hollingsworth v. Napier . It was an important case in its day, much more important than Pierson v. Post , because it involved a recurring question of commercial law: what rights, if any, did a seller retain in goods stored in a public warehouse after he h…
Legal History, Inside and Out
MANY of us would have recognized Freedom Bound as a Christopher Tomlins production even if his name were not on the cover. One reason is that he is characteristically explicit and self-conscious about the role of law in the stories he tells. Law, when Tomlins writes about it, is as much of an actor as the people he writes about. Law “supplied the institutional means by which . . . new commonwealths . . . were organized.” Law “established the cond…
Political science (20 works) · Law (19 works) · Law (17 works) · History (15 works) · History (14 works) · Archaeology (10 works) · Banner (10 works) · Politics (10 works) · Sociology (10 works) · Philosophy (9 works)