In 1776, Thomas Paine declared the end of royal rule in the United States. Instead, “law is king,” for the people rule themselves. Paine’s declaration is the dominant American understanding of how political power is exercised. In making law king, American lawyers became integral to the exercise of political power, so integral to law that legal ethics philosopher David Luban concluded, “lawyers are the law.” American lawyers have defended the exercise of this power from the Revolution to the present by arguing their work is channeled by the profession’s standards of ethical behavior. Those standards demand that lawyers serve the public interest and the interests of their paying clients before themselves. The duties owed both to the public and to clients meant lawyers were in the marketplace selling their services, but not of the marketplace. This is the story of power and the limits of ethical constraints to ensure such power is properly wielded. The Lawyer’s Conscience is the first book examining the history of American lawyer ethics, ranging from the mid-eighteenth century to the “professionalism” crisis facing lawyers today.

The role of religion in early American literature has been endlessly studied; the role of the law has been virtually ignored. Robert A. Ferguson's book seeks to correct this imbalance. With the Revolution, Ferguson demonstrates, the lawyer replaced the clergyman as the dominant intellectual force in the new nation. Lawyers wrote the first important plays, novels, and poems; as gentlemen of letters they controlled many of the journals and literary societies; and their education in the law led to a controlling aesthetic that shaped both the civic and the imaginative literature of the early republic. An awareness of this aesthetic enables us to see works as diverse as Jefferson's Notes on the State of Virginia and Irving's burlesque History of New York as unified texts, products of the legal mind of the time. The Declaration of Independence, the Constitution, and the great political orations were written by lawyers, and so too were the literary works of Trumbull, Tyler, Brackenridge, Charles Brockden Brown, William Cullen Bryant, Richard Henry Dana, Jr., and a dozen other important writers. To recover the original meaning and context of these writings is to gain new understanding of a whole era of American culture. The nexus of law and letters persisted for more than a half-century. Ferguson explores a range of factors that contributed to its gradual dissolution: the yielding of neoclassicism to romanticism; the changing role of the writer; the shift in the lawyer's stance from generalist to specialist and from ideological spokesman to tactician of compromise; the onslaught of Jacksonian democracy and the problems of a country torn by sectional strife. At the same time, he demonstrates continuities with the American Renaissance. And in Abraham Lincoln he sees a memorable late flowering of the earlier tradition.

In this innovative study, Daniel A. Cohen explores a major cultural shift embodied in hundreds of early New England crime publications. Tracing the declining authority of Puritan ministers, he shows how the arbiters of an increasingly pluralistic literary marketplace gradually supplanted pious execution sermons with last-speech broadsides, gallows verses, criminal autobiographies, trial reports, newspaper stories, and romantic docudramas. Pillars of Salt, Monuments of Grace probes the forgotten origins of our modern mass media's preoccupation with crime and punishment.

Daniel Webster captured the hearts and imagination of the American people of the first half of the nineteenth century. This bibliography on Webster brings together for the first time a comprehensive guide to the vast amount of literature written by and about this extraordinary man who dwarfed most of his contemporaries. This bibliography also provides references to materials on slavery, the tariff, banking, Indian affairs, legal and constitutional development, international affairs, western expansion, and economic and political developments in general. This bibliography is divided into fifteen sections and covers every aspect of Webster's distinguished career. Sections I and II deal primarily with Webster's writings and with those of his contemporaries. Sections III through X cover the literature dealing with his family background; childhood and education, his long service in the United States House of Representatives and in the Senate, his two stints as secretary of state, and his career in law. Section X provides guidance in locating materials relating to his associates. Finally, Sections XI through XV provide coverage of his personal life, his death, historiographical materials, and iconography.

This two volume set offers unmatched insight into the lives and careers of 100 of America's most notable defense and prosecuting attorneys. Trial lawyers, noted one observer, are "the closest thing America has to the Knights of the Round Table." In this new two volume encyclopedia, which chronicles the lives and careers of America's 100 greatest trial lawyers, readers can explore the historic legal careers of extraordinary barristers like Thomas Jefferson, the young Virginia attorney who drafted the Declaration of Independence, and Daniel Webster, staunch defender of the union. Readers will also meet contemporary litigators like Lawrence Tribe, who led the fight against the tobacco industry; Marian Wright Edelman, a leading advocate for children's rights; Alan Dershowitz, renowned criminal appellate lawyer and public intellectual; and Johnnie Cochran, the defense attorney whose spectacular victory in the O. J. Simpson trial propelled him to superstardom. In the stories of these preeminent litigators, readers will discover not only what qualities make a great lawyer, but also how much we owe to those who have served as our legal advocates.