After his MARRIAGE, Beard resumed his studies in England, then returned permanently to the United States.. Saint Thomas Becket was chancellor of England and archbishop of Canterbury duri
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Trang 3Editorial Reviewers
Patricia B Brecht
Matthew C Cordon
Frederick K Grittner
Halle Butler Hara
Scott D Slick
Contributing Authors
Richard Abowitz
Paul Bard
Joanne Bergum
Michael Bernard
Gregory A Borchard
Susan Buie
James Cahoy
Terry Carter
Stacey Chamberlin
Sally Chatelaine
Joanne Smestad Claussen
Matthew C Cordon
Richard J Cretan
Lynne Crist
Paul D Daggett
Susan L Dalhed
Lisa M DelFiacco
Suzanne Paul Dell’Oro
Heidi Denler
Dan DeVoe
Joanne Engelking
Mark D Engsberg
Karl Finley
Sharon Fischlowitz Jonathan Flanders Lisa Florey Robert A Frame John E Gisselquist Russell L Gray III Frederick K Grittner Victoria L Handler Halle Butler Hara Lauri R Harding Heidi L Headlee James Heidberg Clifford P Hooker Marianne Ashley Jerpbak David R Johnstone Andrew Kass Margaret Anderson Kelliher Christopher J Kennedy Anne E Kevlin
John K Krol Lauren Kushkin Ann T Laughlin Laura Ledsworth-Wang Linda Lincoln
Theresa J Lippert Gregory Luce David Luiken Frances T Lynch Jennifer Marsh George A Milite Melodie Monahan
Sandra M Olson Anne Larsen Olstad William Ostrem Lauren Pacelli Randolph C Park Gary Peter Michele A Potts Reinhard Priester Christy Rain Brian Roberts Debra J Rosenthal Mary Lahr Schier Mary Scarbrough Stephanie Schmitt Theresa L Schulz John Scobey Kelle Sisung James Slavicek Scott D Slick David Strom Linda Tashbook Wendy Tien
M Uri Toch Douglas Tueting Richard F Tyson Christine Ver Ploeg George E Warner Anne Welsbacher Eric P Wind Lindy T Yokanovich
XV
Trang 4vBEAN, ROY
Roy Bean achieved prominence for his
uncon-ventional law enforcement procedures His
methods for enforcing the law were
question-able and unorthodox
Bean was born circa 1825, in Mason
County, Kentucky His career included many
undertakings, not always legal In 1847 he was
in charge of a trading post in Mexico Accused
of cattle rustling in 1849, he was forced back to
the United States He was a member of a group
of vigilantes who fought for the Confederacy
during the CIVIL WAR Bean was a saloonkeeper
and a gambler in the postwar years In 1882
Bean settled in Texas
He changed the name of the Texas camp
where he lived from Vinegaroon to Langtry and
established himself as JUSTICE OF THE PEACE His
saloon was the courthouse where Bean presided
as judge, using a law book, a gun, his sense of
humor, and practical thinking as his guides to making judicial decisions Bean died March 16,
1903, in Langtry
vBEARD, CHARLES AUSTIN Few academicians achieve the public recogni-tion and professional respect accorded to historian Charles Austin Beard His polemic
An Economic Interpretation of the CONSTITUTION
OF THE UNITED STATESstirred debate among fellow scholars and the U.S public by contradicting the popular understanding of how and why the United States was founded A brilliant, original thinker, Beard achieved a unique prominence among twentieth-century historians and politi-cal scientists
Beard was born to well-to-do parents in Knightstown, Indiana, on November 27, 1874
After graduating from Indiana’s DePauw Uni-versity in 1898, he sailed to England to attend
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1825 Born,
Mason
County, Ky.
1835–36 Texas
Revolution
1847 Moved to Mexico to manage a trading post
1845 Texas admitted to the Union
1849 Accused of cattle rustling;
returned to U.S.
1861–65 U.S Civil War; member of Confederate vigilante fighting group
1903 Died, Langtry, Tex.
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1882 Became justice
of the peace for Pecos County, Tex.
THAT’S MY RULIN’
1
Trang 5the University of Oxford While at Oxford, he helped establish Ruskin Hall, a college for British working men that represented to Beard the liberation of the English masses from upper-class domination In Beard’s mind, Ruskin Hall was a symbol and precursor of the true political democracy that would be ushered in by the industrial revolution
In 1900 Beard returned briefly to the United States to marry Mary Ritter An intellectual in her own right, Mary Ritter Beard became an invaluable critic and collaborator in the more than fifty books produced during Beard’s prolific career After his MARRIAGE, Beard resumed his studies in England, then returned permanently to
the United States He earned his doctor’s degree from New York City’s Columbia University and
in 1904 accepted a teaching position in political science at Columbia
In 1913 Beard published An Economic Interpretation of the Constitution of the United States The book created a mild sensation because it suggested that the United States was not yet a true democracy Even more disturbing
to some U.S citizens was Beard’s argument that the U.S Constitution was designed primarily to protect the property rights of the wealthy capitalists attending the Constitutional Conven-tion He insisted that self-interest, not demo-cratic principles, motivated the Founding Fathers To Beard, the Constitution was a tribute to the power of class, not democracy Although several U.S politicians criticized Beard’s unorthodox view of U.S history, many
of his colleagues praised his innovative ap-proach They understood how the private economic interests of the colonial RULING class could have had a far-reaching effect on the nascent U.S government
In 1917 Beard protested the firing of several Columbia University faculty members by resigning his own position Beard had been outraged when the university dismissed his colleagues for their refusal to support the United States’ involvement in WORLD WAR I In
1919 he helped found the New School for Social Research in New York City
In 1927 Beard produced another remark-able tome, The Rise of American Civilization Coauthored by his wife, it provided an overview of U.S history with further insights into the government’s origins This sprawling, two-volume set was followed by America in
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1874 Born,
Knightstown, Ind.
1904 Received Ph.D from Columbia University; began teaching there
1898 Graduated from DePauw University
1899 Established Ruskin Hall
1914–18 World War I
1913 Published
An Economic
Interpretation
of the Constitution
of the United States
1917 Resigned teaching position at Columbia
1919 Helped found the New School for Social Research
1927 Co-authored
The Rise of American Civilization with
wife, Mary
1939
America in Midpassage
published
1939–45 World War II
1946 American Foreign Policy in the
Making, 1932–1940 published
1948 Died, New Haven, Conn.
Charles Austin Beard.
LIBRARY OF CONGRESS
G A L E E N C Y C L O P E D I A O F A M E R I C A N L A W , 3 E
2 BEARD, CHARLES AUSTIN
Trang 6Midpassage, in 1939, and The American Spirit,
in 1942
During the early 1930s Beard wrote
exten-sively about the nature of historical knowledge
He was particularly interested in historians’
personal biases and the effect of those biases on
the presentation of historical facts
Although Beard was closely associated with
the U.S progressive movement and social
reforms, he disagreed with several aspects of
Franklin D Roosevelt’sNEW DEAL programs In
1934 he began an acrimonious, decade-long
campaign against Roosevelt’s foreign policy In
American Foreign Policy in the Making, 1932–
1940 (1946) and President Roosevelt and the
Coming of War (1948), Beard maintained that
the United States had backed Japan into a
corner and had forced the country into a war
His extreme isolationist views damaged his
professional reputation to some extent
Beard died in 1948, at the age of
seventy-three He is remembered as an accomplished
historian who influenced the way U.S citizens
view their own history
FURTHER READINGS
Noble, David W 1985 The End of American History.
Minneapolis: Univ of Minnesota Press.
American Review of Public Administration 30, no 2
(June) Available online at http://arp.sagepub.com/cgi/
content/abstract/30/2/123; website home page: http://
arp.sagepub.com (accessed July 6, 2009).
CROSS REFERENCES
Constitution of the United States; Constitution of the
BEARER One who is the holder or possessor of an instrument that is negotiable—for example, a check, a draft, or a note—and upon which a specific payee is not designated
A NEGOTIABLE INSTRUMENT that is payable to
“bearer” or to “cash” or to “the order of cash,”
that is, not naming a payee, is a bearer instrument, and is called “bearer” paper
vBEASLEY, MERCER Mercer Beasley was an eminent New Jersey jurist He was born March 27, 1815, in Philadelphia, Pennsylvania, to Frederick and Maria Beasley He studied at the College of New Jersey (now Princeton) but only for a year, after which he studied the law He was admitted to the bar in 1838 and established a successful legal practice in Trenton, New Jersey He became active in local politics, first as a Whig and later
as a Democrat, before pursuing a career in the judicial system
On March 8, 1864, the governor appointed Beasley to a seven-year term as the New Jersey high court’s chief justice Four succeeding gov-ernors retained him, allowing Beasley to serve
on the bench for almost 33 years He gained prominence for his equitable decisions, particu-larly those concerning political dissent
Beasley died from pneumonia on February
19, 1897, in Trenton
vBECCARIA, CESARE BONESANO, MARCHESE DI
Cesare Bonesano Beccaria was an expert in law and economics and put forth new principles
in both fields which were widely accepted throughout Europe
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1815 Born, Philadelphia, Pa.
1816 Indiana became 19th state
in the Union
1834 Began clerkship with Samuel L.
Southard, U.S Senator and lawyer
1830 Beasley family moved to Trenton, N.J.
1838 Admitted
to New Jersey bar
1849 Argued his first case before New Jersey Supreme Court:
Delaware &
Raritan Coal
Co v Lee
1850 Ran unsuccessfully for mayor of Trenton
1858 Appointed chancery reporter for New Jersey
1861–65 Civil War
1864 Appointed chief justice of New Jersey
1876 Centennial year of United States; Colorado joined the Union
1896 Utah became 45th state
in the Union
1897 Died, Trenton, N.J.
1825
G A L E E N C Y C L O P E D I A O F A M E R I C A N L A W , 3 E
BECCARIA, CESARE BONESANO, MARCHESE DI 3
Trang 7Beccaria was born March 15, 1738 He taught law and economics in Milan He vehemently opposed CAPITAL PUNISHMENT and cruel treatment of prisoners His economic theories concerned wages and labor and influ-enced such eminent economists as Adam Smith and Thomas Robert Malthus
In 1771 Beccaria served as councilor of state and magistrate; in 1790, he was a member of a committee that advocated reform of criminal andCIVIL LAWin Lombardy
Beccaria’s ideas were published in 1764 in his Essay on Crimes and Punishments The book was well received throughout Europe and greatly influenced changes in European eco-nomic and legal systems He died November 8,
1794, in Milan
Saint Thomas Becket was chancellor of England and archbishop of Canterbury during the reign
of Henry II and was martyred following a bitter battle with the monarchy over royal control of church law
Becket was born around 1118 in London, England, the son of a prosperous London merchant and his wife who were of Norman ancestry He was first educated at a monastery
in Merton, just outside London, and then in London grammar schools In his late teens, he was sent to Paris for further schooling, includ-ing the study of logic, rhetoric, and philosophy
At age twenty-one, after his mother had died and his father had lost his fortune, Becket returned to London and became a city clerk to three sheriffs Three years later, in about 1143, his father introduced him to Theobald, arch-bishop of Canterbury Becket soon joined
Theobald’s household, becoming a clerk and later a close adviser to the archbishop In about
1150, Theobald sent Becket to Italy and France
to study civil andCANON LAW Upon his return to Theobald’s court in 1152, Becket was able to secure the papal letters that prevented the English king Stephen from crowning his son
to be successor to the throne Becket’s interven-tion permitted Henry II, in 1154, to become the king of England
In the same year, Theobald appointed Becket archdeacon of Canterbury Less than three months later, on Theobald’s recommen-dation and in gratitude for Becket’s role in helping him to gain the throne, Henry II named Becket chancellor of England
Becket became the king’s most trusted adviser and a constant and devoted companion
He was an effective chancellor, leading troops into war, repairing castles, conducting foreign policy, and negotiating a MARRIAGE between Prince Henry, son of the king, and the daughter
of King Louis VII of France Becket lived luxuriously, holding extravagant receptions and dressing in splendid clothes Theobald disapproved of his protégé’s lavish lifestyle To Theobald, it was inappropriate for Becket, who still remained archdeacon while serving as chancellor, to surround himself with worldly things Becket ignored the concerns of his mentor and even refused to visit Theobald on his deathbed
After Theobald died in 1161, Henry appointed Becket archbishop of Canterbury in
1162 Becket, aware of the influence he now wielded as a religious leader, promptly aban-doned the trappings of his previous life as chancellor He devoted himself to the study of
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1713 Treaty of Utrecht transferred Spanish possessions
in Italy to Austria
1738 Born, Milan, Italy
1764 Essay on Crimes and
Punishments published
1768 Appointed professor of political philosophy 1771 Served
as councilor
of state and magistrate
1790 Served on committee that advocated criminal and civil law reform
in Lombardy (Italy)
1789 French Revolution began
1794 Died, Milan, Italy
1796–97 Napoleon's Italian campaign
1725
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G A L E E N C Y C L O P E D I A O F A M E R I C A N L A W , 3 E
4 BECKET, SAINT THOMAS
Trang 8canon law and to the spiritual obligations of his
new role He also became involved in a series of
clashes between the church and the state that
put him at odds with King Henry, his closest
friend and confidant
In late 1163 Henry decided to abolish certain
privileges enjoyed by the clergy, which exempted
them, when they were accused of crimes, from
the jurisdiction of the civil courts Criminous
clerks, as they were known, were instead allowed
to stand trial before a bishop in the ecclesiastical
(church) courts, which usually resulted in much
milder punishments Under Henry’s reforms, an
accused clerk would be required to appear first in
a civil court to answer the charges If the clerk
denied the offense and asked to be heard in an
ecclesiastical court, the clerk would then appear
before a bishop If convicted by the ecclesiastical
court, the clerk would return to the civil court to
face charges as a layperson
Becket vehemently opposed Henry’s
mea-sures He maintained that they subjected the
clergy to be punished twice for the same offense:
the clergy, he argued, would lose their clerical
status in the ECCLESIASTICAL COURTS and would
also face secular penalties imposed by the civil
courts However, under intense pressure from
the monarchy, Becket eventually relented and
agreed verbally to Henry’s proposals
In January 1164 Henry summoned a
convocation at Clarendon, where he planned
to put his reforms into a document known as
the CONSTITUTIONS OF CLARENDON, and to secure
Becket’s signature But at the last minute,
Becket repudiated his previous verbal
agree-ment to the measures and refused to sign the
documents, on the grounds that they violated
canon law Becket’s defiance incurred the wrath
of the king, who denounced him as a traitor to the throne Henry then threatened to imprison Becket or at least force him to resign as archbishop Becket, fearing for his safety, fled
to France in late 1164 and remained in exile at Flanders for the next six years In France, Becket struck back at Henry by excommunicating several of his councilors and threatening to excommunicate the king as well
In 1169 Henry and Becket attempted a reconciliation, but Henry soon incensed Becket
by having Roger, the archbishop of York and a rival of Becket’s, crown Prince Henry as his successor Such coronations were traditionally undertaken by the archbishop of Canterbury
Becket retaliated by suspending Roger and the other bishops who participated in the coronation
In late 1170 Henry and Becket briefly resolved their differences and Becket returned
to Canterbury amid great fanfare Almost immediately, however, officers of the king demanded that Becket absolve the suspended bishops involved in Prince Henry’s coronation
Becket steadfastly refused, maintaining that only the pope had the authority to give absolution
The king, by now exasperated with Becket,
is said to have uttered, in a fit of anger, “Will nobody rid me of this turbulent priest?” Four of his knights took his PLEA literally and on December 29, 1170, went to Canterbury, where they confronted Becket in the cathedral and again demanded that he absolve the suspended bishops Becket refused The knights beat him over the head repeatedly with their swords until
he died
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1118 Born, London, England
1135 Stephen crowned King of England
1140 Became clerk
to three sheriffs
1143 Joined household of Theobald, Archbishop of Canterbury
1150 Theobald sent Becket to Italy and France to study civil and canon law
1154 Henry II crowned King of England; Becket named chancellor
1161 Theobald died
1162 Appointed archbishop of Canterbury
1164 Convocation at Clarendon;
Becket fled to France
1170 Returned to Canterbury;
murdered in Canterbury cathedral
1173 Canonized
by Pope Alexander II
1189 King Henry II died
1100
IF IT BE A QUESTION
OF TEMPORAL
SHOULD RATHER FEAR THE LOSS OF SOULS THAN OF TEMPORALITIES.
—T HOMAS B ECKET
G A L E E N C Y C L O P E D I A O F A M E R I C A N L A W , 3 E
BECKET, SAINT THOMAS 5
Trang 9Word of Becket’s MURDER spread quickly, and his tomb soon became a shrine visited by thousands of pilgrims Becket, in his early fifties
at the time of his death, was canonized by Pope Alexander II in 1173 Henry II did penance at Canterbury and was absolved of the murder
The four assassins did fourteen years’ service in the Holy Land as penance for the crime A later English king, Henry III, had Becket’s remains placed in a more elaborate tomb at Canterbury, which remained a popular place of pilgrimage
The religious journeys to Becket’s tomb became the basis for Chaucer’s masterpiece Canterbury
Tales, which was written almost two hundred years after Becket’s death
In 1538 Henry VIII became embroiled in his own struggles with the church and viewed the pilgrimages to Becket’s tomb with increasing hostility As a result, he had the shrine destroyed and reportedly had Becket’s bones burned
FURTHER READINGS Barlow, Frank 1986 Thomas Becket Berkeley: Univ of California Press.
Knowles, David 1971 Thomas Becket Stanford, Calif.: Stanford Univ Press.
Staunton, Michael 2001 The Lives of Thomas Becket New York: Manchester Univ Press.
Henry Ward Beecher was one of the most prominent U.S ministers of the nineteenth century as well as an active participant in various reform movements
Beecher was born June 24, 1813, in Litch-field, Connecticut He was the son of preacher Lyman Beecher and the brother of HARRIET BEECHER STOWE, author of Uncle Tom’s Cabin He studied at Amherst College and Lane Theologi-cal Seminary and served as a novice minister in Indiana before becoming minister at the Ply-mouth Congregational Church in Brooklyn, New York, in 1847 A liberal thinker, Beecher was in favor of such principles as women’s suffrage,
ABOLITIONofSLAVERY, and acceptance of the theory
of evolution and often lectured on these and other controversial ideas from the pulpit
Beecher excelled as a speaker and in 1863 he went on a lecture tour throughout England and spoke in support of the Union position in the
CIVIL WAR
In 1875, Beecher, regarded as one of the United States’ foremost preachers, was involved
Henry Ward Beecher.
LIBRARY OF CONGRESS
1813 Born, Litchfield, Conn.
1834 Graduated from Amherst College
1838 Ordained by New School Presbytery of Cincinnati 1847 Became minister
at Plymouth Congregational Church
in Brooklyn, N.Y.
1858 Life
Thoughts
published
1861–65 U.S Civil War
1863 Went on lecture tour of England
1884 Joined Republican Mugwumps campaigning for Grover Cleveland
1887 Died, Brooklyn, N.Y.
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1800
IT USUALLY TAKES A
HUNDRED YEARS TO
USUALLY TAKES A
HUNDRED YEARS TO
GET RID OF IT.
—H ENRY B EECHER
G A L E E N C Y C L O P E D I A O F A M E R I C A N L A W , 3 E
6 BEECHER, HENRY WARD
Trang 10in a sensational trial that damaged his honor.
Journalist Theodore Tilton accused the minister
of committing adultery with Mrs Tilton
Beecher was expertly defended by his attorney,
WILLIAM M.EVARTS, and, after a lengthy trial, the
jury could not agree on a VERDICT Beecher’s
church proclaimed him the victor and officially
cleared him of the charges In spite of the
scandal, Beecher continued to be an influential
force in the U.S ministry until his death on
March 8, 1887, in Brooklyn
BELIEF
Mental reliance on or acceptance of a particular
concept, which is arrived at by weighing external
evidence, facts, and personal observation and
experience
Belief is essentially a subjective feeling about
the validity of an idea or set of facts It is more
than a mere suspicion and less than concrete
knowledge Unlike suspicion, which is based
primarily on inner personal conviction, belief is
founded upon assurance gained by empirical
evidence and from other people Positive
knowledge, as contrasted with belief, is the
clear perception of existing facts
Belief has been defined as having faith in an
idea or formulating a conclusion as the result of
considering information.INFORMATION AND BELIEF
is a legal term that is used to describe an
allegation based upon GOOD FAITH rather than
firsthand knowledge
vBELL, DERRICK ALBERT, JR
Derrick Albert Bell Jr was the first tenured
black law professor at Harvard Law School,
a renegade civil rights scholar and proponent and a prolific author of civil rights-related works, including the critically acclaimed books And We Are Not Saved: The Elusive Quest for Racial Justice (1987) and Faces at the Bottom of the Well: The Permanence of Racism (1992)
Bell was born November 6, 1930, in Pittsburgh The seeds of his views on racial injustice—and his response to racial bigotry and prejudice—were sown in the Great Depres-sion When he was five years old, he watched his mother, Ada Elizabeth Bell, demand that the family’s landlord fix the rotted stairs behind their apartment His mother finally told the
Derrick A Bell Jr NEVILLE ELDER/CORBIS.
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1930 Born,
Pittsburgh, Pa.
1939–45 World War II
1950–53 Korean War
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1954 Brown v
Board of Education
decided by U.S
Supreme Court
1961–73 Vietnam War
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1957 Graduated from U of Pittsburgh School of Law
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1969 Joined Harvard University Law School faculty
1981–85 Served as dean of U of Oregon School of Law
1987 And
We Are Not Saved
published
2004 Silent
Covenants published
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2002 Ethical Ambition
published
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1996 NYU Law School established annual Derrick Bell Lecture on Race
in American Society
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1994 Confronting Authority published
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1991 Appointed visiting professor at NYU Law School
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1990 Took unpaid leave of absence from Harvard to protest adverse minority hiring practices
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1971 Became first tenured African American faculty member at Harvard Law School
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1960 Joined NAACP Legal Defense Fund;
became first assistant counsel of Defense Fund NYC branch
G A L E E N C Y C L O P E D I A O F A M E R I C A N L A W , 3 E