弗吉尼亚早期的绅士文化、法律教育和宪法争议

IF 0.8 3区 社会学 Q1 HISTORY Law and History Review Pub Date : 2023-08-08 DOI:10.1017/s0738248023000378
Matthew Steilen
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摘要

本文聚焦于弗吉尼亚州早期的法律教育改革运动,通过考察法律教育与社会和文化之间的联系,提供了一个新的视角。它挑战了宪法思想是改革背后主要驱动力的观点,并认为社会地位和“礼仪”发挥了更重要的作用。弗吉尼亚州的富裕精英将礼仪与教育联系在一起,送儿子上大学成为绅士,因为这确保了他们对绅士风度的渴望以及他们对社会和政治的影响力。改革者试图利用这种联系,培养出一代受过大学训练、有教养的律师,他们可以领导该州的立法机构和法院。从这个意义上说,教育改革在其基本假设中是绅士的,而不是民主的。本文考察了乔治·怀斯的中心人物,并探讨了他对弗吉尼亚州的领军人物,包括托马斯·杰斐逊和圣乔治·塔克的影响。它深入探讨了学生在Wythe律师事务所和威廉玛丽学院的经历,中央法院教育改革的成功,以及对弗吉尼亚州宪法发展的影响。受过大学教育的律师在19世纪初开始主导立法机构,他们将自己的训练用于政治。当这些律师试图加强他们政党控制的机构时,他们推动了联邦制和分权等宪法学说的发展。
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Genteel Culture, Legal Education, and Constitutional Controversy in Early National Virginia
This article focuses on the movement to reform legal education in early national Virginia, offering a fresh perspective by examining the connection between legal education and society and culture. It challenges the notion that constitutional ideas were the primary driving force behind reforms and argues that social status and “manners” played a more significant role. Wealthy elites in Virginia associated manners with education, sending their sons to college to become gentlemen, as it secured their aspirations to gentility and their influence over society and politics. Reformers sought to capitalize on this connection by educating a generation of university-trained, genteel lawyers who could lead the state's legislature and its courts. In this sense, educational reform was genteel rather than democratic in its basic assumptions. The article examines the central figure of George Wythe and explores his influence on Virginia's leading men, including Thomas Jefferson and St. George Tucker. It delves into the student experience in Wythe's law office and at the College of William and Mary, the success of educational reforms in the central courts, and the effects on Virginia's constitutional development. The college-educated lawyers who came to dominate the legislature in the early nineteenth century used their training for politics. As these lawyers sought to strengthen the institutions their party controlled, they drove the development of constitutional doctrines like federalism and separation of powers.
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来源期刊
CiteScore
1.10
自引率
12.50%
发文量
42
期刊介绍: Law and History Review (LHR), America"s leading legal history journal, encompasses American, European, and ancient legal history issues. The journal"s purpose is to further research in the fields of the social history of law and the history of legal ideas and institutions. LHR features articles, essays, commentaries by international authorities, and reviews of important books on legal history. American Society for Legal History
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