Peter Karsten
Dados Biográficos
| ID | 124015 |
|---|---|
| NOME | Peter Karsten |
| PRENOMES | Peter |
| SOBRENOME | Karsten |
| ASSINATURA | KARSTEN P |
| AFILIAÇÕES | University of Pittsburgh |
| VERIFICADO | Não |
| TOTAL DE OBRAS | 40 |
| TOTAL DE CITAÇÕES | 44 |
| TOTAL COMO AUTOR | 40 |
| TOTAL COMO EDITOR | 0 |
| PRIMEIRO ANO DE PUBLICAÇÃO | 1968 |
| ANO MAIS RECENTE DE PUBLICAÇÃO | 2018 |
| ÍNDICE H | 3 |
Revisiting the Critiques of Those Who Upheld the Fugitive Slave Acts in the 1840s and ‘50s
Several legal scholars have criticized five antebellum justices–Joseph Story, John McLean, Lemuel Shaw, Benjamin Robbins Curtis, and Joseph Swan–for their having been unable or unwilling to defy the 1793 and 1850 Fugitive Slave Acts. They have argued that a morally “correct” path could and should have been hewn out and followed by these justices to release those claimed by slave-catchers, and to protect from prosecution those aiding fugitives. I …
Before Bhopal
Journal Article Before Bhopal: Explaining the Infrequency of Railway Accident Victim Compensation, 1889–1931: Karmic Fatalism or Colonial Law and Policy? Get access Peter Karsten Peter Karsten Professor *Department of History, University of Pittsburgh Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 55, Issue 4, December 2015, Pages 433–464, https://doi.org/10.1093/ajlh/55.4.433 Pu…
Veteran Electability to the Presidency
Academics and other commentators have posited a voter preference for veterans in American Presidential elections. Indeed, Albert Somit, in an oft cited article in Public Opinion Quarterly (Vol. 12, 1948, 192-200), went so far as to maintain that on the basis of the historical record, 'a party nominating a military hero [for president] would be enhancing its chances of winning the election,' and called for such nominations to provide 'a real test …
The Canz Approach to Legal History
The first quality the reader may have noted about these two essays is that they both deal with the question of the legal rights of marriage partners to the economic fruits of one another's labor. But inasmuch as this was only one of several issues addressed by Bruce Kercher, I see it only as an interesting coincidence. Somewhat more noteworthy is the difference between their methodologies: Golder and Kirkby's engagingly crafted socio-legal analys…
The "Naval Aristocracy" and the "Young Turks" of the "Fin de Siecle"
Soldiers and Civilians
The US Citizen-Soldier's Past, Present, and Likely Future
Recent problems in the recruiting and retention of US military personnel have prompted some to ask a series of questions: What was the "tradition" of the American citizen-soldier, and how much change in this tradition has occurred? Have basic changes in American culture occurred recently that have led to a "narrowing definition of citizenship and its responsibilities" and, related to this, are we justified in describing current problems in recrui…
Heart versus Head
Versus Head: Judge Made Law in Nineteenth-Century America. By Peter Karsten. (Chapel Hill: University of North Carolina Press, 1997. Pp. xv, 490. Illustrations, maps, tables. $55.00.) If you ask scholars specializing in United States legal history for a graduate reading list, Morton J. Horwitz's Transformation of American Law, 1780-1860 (1977) is bound to turn up. Horwitz argued that antebellum judges created new rules of law to benefit merchant …
Heart versus Head
Journal Article Heart versus Head: Judge-Made Law in Nineteenth-Century America Get access Karsten Peter, Heart versus Head: Judge-Made Law in Nineteenth-Century America. Chapel Hill: University of North Carolina Press, 1997. xv, 490 pp. $55.00. Timothy S. Huebner Timothy S. Huebner Rhodes College Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 44, Issue 1, January 2000, Pages 86–…
Using One's Head
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Using One's Head
Heart versus Head
Journal Article Heart versus Head: Judge-Made Law in Nineteenth-Century America. By Peter Karsten. Chapel Hill: University of North Carolina Press, 1997. xviii, 490 pp. and Roman and Civil Law and the Development of Anglo-American Jurisprudence in the Nineteenth Century. By M. H. Hoeflich. Athens: University of Georgia Press, 1997. xii, 207 pp. Get access Herbert Hovenkamp Herbert Hovenkamp University of Iowa, Iowa City, Iowa Search for other wor…
"Cows in the Corn, Pigs in the Garden, and "the Problem of Social Costs
Economist Ronald Coase's famous theorem regarding the ways that neighboring property owners bargain "around" law and government has been refined by Robert Ellickson, who studied the ways ranchers and their ranchette neighbors resolve problems of fencing and animal trespass. Both Coase and Ellickson rely on rational actor models of Economic Man in predicting and explaining human behavior and dispute resolution. Both offer animal trespasses as the …
"Supervising the "Spoiled Children of Legislation
Journal Article Supervising the “Spoiled Children of Legislation”: Judicial Judgments Involving Quasi-Public Corporations in the Nineteenth Century U.S. Get access Peter Karsten Peter Karsten Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 41, Issue 3, July 1997, Pages 315–367, https://doi.org/10.2307/846244 Published: 01 July 1997
Labor's Sorrow? Workers, Bosses, and the Courts in Antebellum America
Historians have long drawn attention to the role of American courts in the history of and plight of the labor movement in antebellum America. From their antebellum interpretation of slave codes and common law rules regarding indentured servants, apprentices, hired hands, and artisans to their treatment in the Progressive Era and beyond of protective legislation, the courts have long been regarded, quite correctly, as the final arbiters of labor's…
Explaining the Fight over the Attractive Nuisance Doctrine
One sunny summer Sunday, on August 17, 1873, an Irish-born day laborer named Fitzsimmons, “of very limited circumstances,” living in a shack in Ft. Leavenworth, Kansas, sent his twelve-year-old son, Jerry, to fetch the family's cow. The animal had been left on an “open common” grazing area near the local sheds and yards of the Kansas Central Railroad. Fitzsimmons had warned his son to stay away from the railroad company's trains, but he had never…
The “Discovery” of Law by English and American Jurists of the Seventeenth, Eighteenth, and Nineteenth Centuries
Two generations of legal historians have debated the question of the reception and evolution of common law and equity in England and America by jurists of the seventeenth, eighteenth, and nineteenth centuries. Briefly, one school argues that jurists of these years employed a “doctrinal method” to discover, through deduction, the principles of the law in a particular case. Such a jurist, in the words of the late Lon Fuller, “does not consider that…
Bottomed on Justice
Journal Article ”Bottomed on Justice”: A Reappraisal of Critical Legal Studies Scholarship Concerning Breaches of Labor Contracts by Quitting or Firing in Britain and the U.S., 1630–1880 Get access Peter Karsten Peter Karsten Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 34, Issue 3, July 1990, Pages 213–261, https://doi.org/10.2307/845886 Published: 01 July 1990
Soldiers and Civilians
Military Threats
The threat to use military force is a matter that commands immediate attention from many segments of government. Karsten, Howell, and Allen systematically analyze statistically significant numbers of actual cases to discover the determinants of success or failure of the threat to employ military force. After describing their methodology, they address several questions: what are the general characteristics of the typical threat? what types of thre…
The Old Army
The "New" American Military History
MOST MILITARY HISTORY HAS BEEN THE RECORD OR ANALYSIS OF campaigns, leaders, strategy, tactics, weapons, and logistics. Most recent work continues to deal primarily with these matters, and some of it is quite admirable history. Yet this is what gets called in this essayold because it's been around for as long as there has been history. What is new about much of the history of the military of late is a full-fledged concern with the rest of militar…
Irish Soldiers in the British Army, 1792-1922
Journal Article Irish Soldiers in the British Army, 1792–1922: Suborned or Subordinate? Get access Peter Karsten Peter Karsten University of Pittsburgh, Dept. of History, Pittsburgh, PA 15260 Search for other works by this author on: Oxford Academic Google Scholar Journal of Social History, Volume 17, Issue 1, Fall 1983, Pages 31–64, https://doi.org/10.1353/jsh/17.1.31 Published: 01 October 1983
Ritual and Rank
Consent and the American Soldier
Heart versus Head
Versus Head: Judge Made Law in Nineteenth-Century America. By Peter Karsten. (Chapel Hill: University of North Carolina Press, 1997. Pp. xv, 490. Illustrations, maps, tables. $55.00.) If you ask scholars specializing in United States legal history for a graduate reading list, Morton J. Horwitz's Transformation of American Law, 1780-1860 (1977) is bound to turn up. Horwitz argued that antebellum judges created new rules of law to benefit merchant …
Irish Soldiers in the British Army, 1792-1922
Journal Article Irish Soldiers in the British Army, 1792–1922: Suborned or Subordinate? Get access Peter Karsten Peter Karsten University of Pittsburgh, Dept. of History, Pittsburgh, PA 15260 Search for other works by this author on: Oxford Academic Google Scholar Journal of Social History, Volume 17, Issue 1, Fall 1983, Pages 31–64, https://doi.org/10.1353/jsh/17.1.31 Published: 01 October 1983
Veteran Electability to the Presidency
Academics and other commentators have posited a voter preference for veterans in American Presidential elections. Indeed, Albert Somit, in an oft cited article in Public Opinion Quarterly (Vol. 12, 1948, 192-200), went so far as to maintain that on the basis of the historical record, 'a party nominating a military hero [for president] would be enhancing its chances of winning the election,' and called for such nominations to provide 'a real test …
The "New" American Military History
MOST MILITARY HISTORY HAS BEEN THE RECORD OR ANALYSIS OF campaigns, leaders, strategy, tactics, weapons, and logistics. Most recent work continues to deal primarily with these matters, and some of it is quite admirable history. Yet this is what gets called in this essayold because it's been around for as long as there has been history. What is new about much of the history of the military of late is a full-fledged concern with the rest of militar…
Explaining the Fight over the Attractive Nuisance Doctrine
One sunny summer Sunday, on August 17, 1873, an Irish-born day laborer named Fitzsimmons, “of very limited circumstances,” living in a shack in Ft. Leavenworth, Kansas, sent his twelve-year-old son, Jerry, to fetch the family's cow. The animal had been left on an “open common” grazing area near the local sheds and yards of the Kansas Central Railroad. Fitzsimmons had warned his son to stay away from the railroad company's trains, but he had never…
Rocks and Shoals
Admirals, Generals, and American Foreign Policy, 1898-1914
Journal Article Admirals, Generals, and American Foreign Policy, 1898–1914. By Richard D. Challener. (Princeton: Princeton University Press, 1973. x + 433 pp. Notes, bibliography, and index. $16.00.) Get access Peter Karsten Peter Karsten University of Pittsburgh Search for other works by this author on: Oxford Academic Google Scholar Journal of American History, Volume 60, Issue 3, December 1973, Pages 826–828, https://doi.org/10.2307/1917745 Pu…
"The Nature of "Influence
The Canz Approach to Legal History
The first quality the reader may have noted about these two essays is that they both deal with the question of the legal rights of marriage partners to the economic fruits of one another's labor. But inasmuch as this was only one of several issues addressed by Bruce Kercher, I see it only as an interesting coincidence. Somewhat more noteworthy is the difference between their methodologies: Golder and Kirkby's engagingly crafted socio-legal analys…
"Supervising the "Spoiled Children of Legislation
Journal Article Supervising the “Spoiled Children of Legislation”: Judicial Judgments Involving Quasi-Public Corporations in the Nineteenth Century U.S. Get access Peter Karsten Peter Karsten Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 41, Issue 3, July 1997, Pages 315–367, https://doi.org/10.2307/846244 Published: 01 July 1997
The “Discovery” of Law by English and American Jurists of the Seventeenth, Eighteenth, and Nineteenth Centuries
Two generations of legal historians have debated the question of the reception and evolution of common law and equity in England and America by jurists of the seventeenth, eighteenth, and nineteenth centuries. Briefly, one school argues that jurists of these years employed a “doctrinal method” to discover, through deduction, the principles of the law in a particular case. Such a jurist, in the words of the late Lon Fuller, “does not consider that…
Soldiers and Civilians
Ritual and Rank
Postwar Defense Policy and the U. S. Navy, 1943-1946
Journal Article Postwar Defense Policy and the U. S. Navy, 1943–1946. By Vincent Davis. (Chapel Hill: University of North Carolina Press, 1966. xv + 371 pp. Notes, bibliography, and index. $7.50.) and The Admirals Lobby. By Vincent Davis. (Chapel Hill: University of North Carolina Press, 1967. xvi + 329 pp. Notes and index. $7.50.) Get access Peter Karsten Peter Karsten University of Pittsburgh Search for other works by this author on: Oxford Aca…
Postwar Defense Policy and the U. S. Navy, 1943-1946
Journal Article Postwar Defense Policy and the U. S. Navy, 1943–1946. By Vincent Davis. (Chapel Hill: University of North Carolina Press, 1966. xv + 371 pp. Notes, bibliography, and index. $7.50.) and The Admirals Lobby. By Vincent Davis. (Chapel Hill: University of North Carolina Press, 1967. xvi + 329 pp. Notes and index. $7.50.) Get access Peter Karsten Peter Karsten University of Pittsburgh Search for other works by this author on: Oxford Aca…
Man and businessman
Rotc, Mylai and the Volunteer Army
"The Nature of "Influence
Military History
Admirals, Generals, and American Foreign Policy, 1898-1914
Journal Article Admirals, Generals, and American Foreign Policy, 1898–1914. By Richard D. Challener. (Princeton: Princeton University Press, 1973. x + 433 pp. Notes, bibliography, and index. $16.00.) Get access Peter Karsten Peter Karsten University of Pittsburgh Search for other works by this author on: Oxford Academic Google Scholar Journal of American History, Volume 60, Issue 3, December 1973, Pages 826–828, https://doi.org/10.2307/1917745 Pu…
The Naval Aristocracy
Journal Article The Naval Aristocracy: The Golden Age of Annapolis and the Emergence of Modern American Navalism. By Peter Karsten. (New York: Free Press, 1972. xv + 462 pp. Illustrations, tables, notes, bibliography, and indexes. $10.95.) Get access W. R. Herrick, Jr. W. R. Herrick, Jr. Quinnipiac College Search for other works by this author on: Oxford Academic Google Scholar Journal of American History, Volume 60, Issue 1, June 1973, Pages 147…
Plotters and Proprietaries, 1682‐83
(1976). Plotters and Proprietaries, 1682‐83: The “Council of Six” and the Colonies: Plan for Colonization or Front for Revolution? The Historian: Vol. 38, No. 3, pp. 474-484
Letters and Papers of Alfred Thayer Mahan
A Comparative Study of Patriots as Symbols of Political Ideology
Patriot-Heroes in England and America
Journal Article Patriot-Heroes in England and America: Political Symbolism and Changing Values over Three Centuries. By Peter Karsten. (Madison: University of Wisconsin Press, 1978. ix + 257 pp. Illustrations, charts, tables, appendixes, notes, and index. $25.00.) Get access Michael Wallace Michael Wallace John Jay College of Criminal Justice Search for other works by this author on: Oxford Academic Google Scholar Journal of American History, Vol…
The Military in America
Patriot-Heroes in England and America
Rocks and Shoals
Law, Soldiers, and Combat
Law, Soldiers, and Combat Get access Karsten Peter, Law, Soldiers, and Combat. Westport, Conn.: Greenwood Press, 1978. xviii, 204 pp. $15.95. Michal R. Belknap Michal R. Belknap Assistant Professor of History University of Georgia Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 25, Issue 3, July 1981, Pages 261–263, https://doi.org/10.2307/845259 Published: 01 July 1981
Consent and the American Soldier
Irish Soldiers in the British Army, 1792-1922
Journal Article Irish Soldiers in the British Army, 1792–1922: Suborned or Subordinate? Get access Peter Karsten Peter Karsten University of Pittsburgh, Dept. of History, Pittsburgh, PA 15260 Search for other works by this author on: Oxford Academic Google Scholar Journal of Social History, Volume 17, Issue 1, Fall 1983, Pages 31–64, https://doi.org/10.1353/jsh/17.1.31 Published: 01 October 1983
Ritual and Rank
The "New" American Military History
MOST MILITARY HISTORY HAS BEEN THE RECORD OR ANALYSIS OF campaigns, leaders, strategy, tactics, weapons, and logistics. Most recent work continues to deal primarily with these matters, and some of it is quite admirable history. Yet this is what gets called in this essayold because it's been around for as long as there has been history. What is new about much of the history of the military of late is a full-fledged concern with the rest of militar…
Military Threats
The threat to use military force is a matter that commands immediate attention from many segments of government. Karsten, Howell, and Allen systematically analyze statistically significant numbers of actual cases to discover the determinants of success or failure of the threat to employ military force. After describing their methodology, they address several questions: what are the general characteristics of the typical threat? what types of thre…
The Old Army
Soldiers and Civilians
Bottomed on Justice
Journal Article ”Bottomed on Justice”: A Reappraisal of Critical Legal Studies Scholarship Concerning Breaches of Labor Contracts by Quitting or Firing in Britain and the U.S., 1630–1880 Get access Peter Karsten Peter Karsten Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 34, Issue 3, July 1990, Pages 213–261, https://doi.org/10.2307/845886 Published: 01 July 1990
The “Discovery” of Law by English and American Jurists of the Seventeenth, Eighteenth, and Nineteenth Centuries
Two generations of legal historians have debated the question of the reception and evolution of common law and equity in England and America by jurists of the seventeenth, eighteenth, and nineteenth centuries. Briefly, one school argues that jurists of these years employed a “doctrinal method” to discover, through deduction, the principles of the law in a particular case. Such a jurist, in the words of the late Lon Fuller, “does not consider that…
Explaining the Fight over the Attractive Nuisance Doctrine
One sunny summer Sunday, on August 17, 1873, an Irish-born day laborer named Fitzsimmons, “of very limited circumstances,” living in a shack in Ft. Leavenworth, Kansas, sent his twelve-year-old son, Jerry, to fetch the family's cow. The animal had been left on an “open common” grazing area near the local sheds and yards of the Kansas Central Railroad. Fitzsimmons had warned his son to stay away from the railroad company's trains, but he had never…
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