The Invention of the Creek Nation, 1670-1763
Drawing on archaeological evidence and often-neglected Spanish source material, The Invention of the Creek Nation, 1670-1763 explores the political history of the Creek Indians of Georgia and Alabama and the emergence of the Creek Nation during the colonial era in the American Southeast. In part a study of Creek foreign relations, this book examines the creation and application of the "neutrality" policy-defined here as the Coweta Resolution of 1718-for which the Creeks have long been famous, in an era marked by the imperial struggle for the American South. Also a study of the culture of internal Creek politics, this work shows the persistence of a "traditional" kinship-based political system in which town and clan affiliation remained supremely important. These traditions, coupled with political intrusions by the region's three European powers, promoted the spread of Creek factionalism and mitigated the development of a regional Creek Confederacy. But while traditions endured, the struggle to maintain territorial integrity against Britain also promoted political innovation. In this context the territorially defined Creek Nation emerged as a legal concept in the era of the French and Indian War, as imperial policies of an earlier era gave way to the territorial politics that marked the beginning of a new one.
How the West Was Lost: The Transformation of Kentucky From Daniel Boone to Henry Clay
Daniel Boone was 18th-century America's backwoodsman. He spent much of his life in or near Indian country, and the proximity rubbed off; he lived in a borderland, a crossroads where Indian and European cultures collided - yet, also suprisingly coincided. This mixed world did not last, thanks in part to Henry Clay, the next generation Kentuckian who by the early 19th century had emerged as the new republic's foremost spokesman for commercial and industrial development. This volume tracks the overlapping conquest, colonization and consolidation of the trans-Appalachian frontier. It focuses on the common ground between Indians and backcountry settlers that was not found, the frontier customs that were not perpetuated, the lands that were not distributed equally, the slaves who were not emancipated, the agrarian democracy that was not achieved, the millenium that did not arrive. Seeking to explain why these possibilities were not realized, the author shows what did happen in Kentucky's passage from Daniel Boone's world to Henry Clay's. He explores who got what and how. In tune with recent work in social history, ethnohistory and environmental history, this volume provides a perspective on a seminal chapter in the history of the American frontier.
A Historical Introduction to the Law of Obligations
1 PROLOGUE: THE PREHISTORY OF THE ENGLISH LAW OF OBLIGATIONS 2 STRUCTURAL FOUNDATIONS 3 UNITY AND FRAGMENTATION OF THE MEDIAEVAL LAW OF CONTRACT 4 TRESPASS, TRESPASS ON THE CASE, AND THE MEDIAEVAL LAW OF TORT 5 THE SUBSTANTIVE LAW OF TORTS 6 THE SUBSTANTIVE LAW OF CONTRACT PART 2 THE TRIUMPH OF TRESPASS ON THE CASE 7 TORT, PROPERTY, AND REPUTATION: THE EXPANSION OF THE ACTION ON THE CASE 8 THE RISE OF THE ACTION OF ASSUMPSIT PART 3 THE MODERN LAW OF TORT AND CONTRACT 9 TRESPASS, CASE, AND THE MORAL BASIS OF LIABILITY 10 THE LAW OF TORTS IN THE NINETEENTH CENTURY: THE RISE OF THE TORT OF NEGLIGENCE 11 THE LAW OF TORTS IN THE TWENTIETH CENTURY: EXPANSION AND COLLAPSE OF THE TORT OF NEGLIGENCE 12 FOUNDATIONS OF THE MODERN LAW OF CONTRACT 13 THE RISE OF THE WILL THEORY THE WILL THEORY AND THE CLASSICAL MODEL OF CONTRACT 14 THE DECLINE OF THE WILL THEORY: LEGAL REGULATION AND CONTRACTUAL FAIRNESS PART 4 UNJUST ENRICHMENT 15 UNJUST ENRICHMENT 16 LEGAL CHANGE AND LEGAL CONTINUITY