Dissertations / Theses: 'New York (State) History Revolution'

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O'Keefe, Kieran John. ""The Nest of Tories which has Invested this Precinct": The Loyalists of Newburgh, New York." ScholarWorks @ UVM, 2016. https://scholarworks.uvm.edu/graddis/578.

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This thesis uses a case study approach to examine loyalism during the American Revolution, by considering the Loyalists of Newburgh, New York. I examine the Loyalist community by exploring its origins before the Revolution, analyzing its composition, examining the Loyalists' wartime experiences, and by considering their post-war exile. Studying Newburgh's Loyalists allows for a nuanced understanding of loyalism both in the Hudson Valley and more generally. I argue that migration, religion, wealth, and geographic location shaped Loyalist communities and their experiences. My thesis is divided into four chapters, the first of which considers the origins of the Loyalist community, which dates to religious conflict in the town during the 1750s and 1760s. Anglicans fought with dissenting Protestants over control of the church glebe, creating a division which split the community along religious lines when the American Revolutionary War began. Anglicans often became Loyalists, while the Presbyterian-led dissenters were almost entirely Patriots. In the second chapter, I examine the size and composition of the Loyalists from Newburgh. The Loyalist population of Newburgh was smaller than average in New York, but was much larger than any Loyalist community in its area. Men loyal to the King were generally Anglican, poorer than their Revolutionary counterparts, and were often related to one another. My third chapter explores the war experiences of the Loyalists, both in Newburgh and behind British lines. In Newburgh, men loyal to the King faced increasing persecution as war progressed, which intensified when there was a military threat from British forces. Persecution peaked in 1777, when the Hudson Valley faced British invasion from New York City to its south as well as from Canada in the north. Patriots in Newburgh were vigilant in rooting out Loyalist dissidents as Newburgh's sizeable Loyalist population was a military liability in case of attack. As a result of their maltreatment, many Loyalists fled to British-occupied New York City. They often joined Loyalist provincial units where they were frequently used as guides and recruiters in the countryside because they had knowledge of the area. My final chapter considers the post-war exile of Newburgh's Loyalists in Canada. Most settled in what became New Brunswick where they tried to recreate aspects of their old society by settling near former neighbors, and continuing to adhere to the Anglican Church. Many of the Loyalists, who had been poor in Newburgh, improved their social status and gained wealth in their new society. This thesis fills a historiographical gap on the subject of loyalism in the Hudson Valley, and also demonstrates the influence of migration, religion, wealth, and geographic location on Loyalist communities and the experiences of individual Loyalists.

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Minty, Christopher. "Mobilization and voluntarism : the political origins of Loyalism in New York, c. 1768-1778." Thesis, University of Stirling, 2014. http://hdl.handle.net/1893/21423.

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This dissertation examines the political origins of Loyalism in New York City between 1768 and 1778. Anchored by an analysis of political mobilization, this dissertation is structured into two parts. Part I has two chapters. Using a variety of private and public sources, the first chapter analyses how 9,338 mostly white male Loyalists in New York City and the counties of Kings, Queens, Suffolk and Westchester were mobilized. Chapter 1 argues that elites and British forces played a fundamental role in the broad-based mobilization of Loyalists in the province of New York. It also recognises that colonists signed Loyalist documents for many different reasons. The second chapter of Part I is a large-scale prosopographical analysis of the 9,338 identified Loyalists. This analysis was based on a diverse range of sources. This analysis shows that a majority of the province’s Loyalist population were artisans aged between 22 and 56 years of age. Part II of this dissertation examines political mobilization in New York City between 1768 and 1775. In three chapters, Part II illustrates how elite and non-elite white male New Yorkers coalesced into two distinct groups. Chapter 3 concentrates on the emergence of the DeLanceys as a political force in New York, Chapter 4 on their mobilization and coalescence into ‘the Friends to Liberty and Trade’, or ‘the Club’, and Chapter 5 examines the political origins of what became Loyalism by studying the social networks of three members of ‘the Club’. By incorporating an interdisciplinary methodology, Part II illustrates that members of ‘the Club’ developed ties with one another that transcended their political origins. It argues that the partisanship of New York City led members of ‘the Club’ to adopt inward-looking characteristics that affected who they interacted with on an everyday basis. A large proportion of ‘the Club’’s members became Loyalists in the American Revolution. This dissertation argues that it was the partisanship that they developed during the late 1760s and early 1770s that defined their allegiance.

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Hantz, Catherine. "Early History of Earth Science Education in New York State (1865-1910)." Thesis, State University of New York at Stony Brook, 2018. http://pqdtopen.proquest.com/#viewpdf?dispub=10825281.

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By the end of the nineteenth century, the momentum for the idea of a more practical education better suited to life in a modern, technological world brought the first educational reform movements in the nation. Concurrent reform efforts at the state and national levels influenced both the historical development of Earth science education and the status of the Earth sciences in New York State’s secondary schools. Three themes received increasing attention: 1) the nature and college acceptance of the subjects in the secondary courses of study, 2) the time allocation for the subjects, and 3) the emergence and expectation of the incorporation of laboratory and fieldwork. These themes were also prevalent in discussions within the national committees that were meeting at the time.

The historical richness of educational reform efforts during the late 1800s and the early 1900s establishes an important foundation upon which the Earth sciences are grounded. To understand the influences that shaped the Earth science syllabus into its present form, and to establish a framework upon which recommendations for future curricular development can be made, an analysis of the origin and evolution of secondary Earth science is warranted. The research presented in this thesis explores the historical framework of the individual core Earth science topics (physical geography, geology, astronomy, and meteorology), beginning in 1865 with the introduction of the intermediate level physical geography Regents examination and ending in 1910 with the loss of astronomy and geology as accepted high school graduation courses. The chronological structure of this study is intended to establish a set of specific historical events that contributed to the present curricular structure of New York State’s Earth science course.

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Filipcevic, Vojislava. "Bright lights, blighted city : urban renewal at the crossroads of the world." Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=23720.

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The strict divisions of city spaces created by physical urban planning disintegrated under transformations of capitalism and its accompanying crises of overaccumulation, social urban planning was elaborated to more effectively control the capitalist city and to reintegrate the increasingly blighted areas of the once popular amusements into the economy.
This disciplined reintegration, unsuccessfully attempted in New York City's Times Square since the late 1920s. is finally being realized by the redevelopment forces that began shaping the city's spatial practices in the wake of the fiscal crisis of 1975. The development projects undertaken in midtown Manhattan following the recovery from the fiscal crisis are transforming the renowned Times Square theater district into a strikingly different urban environment. The new politics of redevelopment under the regime of flexible accumulation are almost exclusively oriented towards economic development that is equated with speculative property investments, rebuilding Times Square to promote the global city's finance monopoly. Denying the existence of the public realm and celebrating free market laissez-faire policy, the 42nd Street Development Project, under the guise of removing blight, is eliminating the undesirable and underprivileged from the new image of the Bright Lights District. Times Square as a center of the local popular culture of Broadway theaters, cinemas, restaurants, billboard spectaculars, and public celebrations, has been lost as a public space. In the redevelopment projects now imaging the Crossroads of the World, the lost city of the past is recreated through the commodification of its collective memory, fashioning a Disneyfied spectacle for the global urban center. (Abstract shortened by UMI.)

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Plitt, Joel Ivan. "History museum and archive of the lesbian and gay community of New York City." Thesis, Virginia Polytechnic Institute and State University, 1994. http://hdl.handle.net/10919/53383.

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This thesis is an exercise in responsibility regarding my actions as an architect. It is based upon the belief that architecture is a product conveying culture. While architecture can convey culture, it also has the potential to shape and facilitate change q in culture. Therefore, one can view the architect as more than a technician, making architecture stand and work properly, or an artist, concerned with the aesthetic/architectonic qualities of architecture, but rather as an active entity who can both convey and change cultural values through the built environment. The struggle in this thesis regarding responsibility has been to make my role more than an active entity in culture, but a consciously active entity in culture. Since I have long viewed culture as a political product and one's existence in culture as a political act, then one’s responsibility as an architect could be to make architecture as the conscious embodiment of a political ideology. For me, feminism is the political ideology, and Liberative Architecture is the conscious embodiment.
Master of Architecture

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Wheaton, Chad Randall Lasch-Quinn Elisabeth. "'And proudly called it growing': the New York State Fair and the consequences of progress, 1890--1958." Related Electronic Resource: Current Research at SU : database of SU dissertations, recent titles available full text, 2003. http://wwwlib.umi.com/cr/syr/main.

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Osterman, Cody D. "The Day New York Forgot: The Legacy Of Trauma In Collective Memory As Seen Through A Study Of Evacuation Day." Bowling Green State University / OhioLINK, 2016. http://rave.ohiolink.edu/etdc/view?acc_num=bgsu1471431771.

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Elvins, Sarah Lynn. "Local sales and celebrations a history of retailing, marketing, and consuming in western New York State, 1920-1940 /." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2001. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp05/NQ66346.pdf.

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Springfield, Martin G. "Revenue first, temperance second| Jean Sheppard, repeal and the creation of the New York State Liquor Authority, 1930-1934." Thesis, State University of New York at Albany, 2013. http://pqdtopen.proquest.com/#viewpdf?dispub=1543767.

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The amending of the Volstead Act and repeal of national prohibition did not answer the "liquor question" but passed the issue to the states. This thesis examines New York's reaction to the change in national alcohol policy and the states decision to legalize and regulate the beverage with the establishment of the New York State Liquor Authority. It traces the activities of Jean Sheppard who led the state division of the Women's Organization for National Prohibition Reform (WONPR) and became one of the key architects of New York's modern alcohol control system. As an expert in alcohol control policies Sheppard developed a plan she believed would be respected by the public while also mitigating the problems associated with alcohol. Sheppard proposed an elaborate system of control which made temperance the objective. Through her position as Chairman of the New York State WONPR Sheppard gained the attention of Governor Herbert H. Lehman who nominated her to the New York State (Conway) Commission on Alcoholic Beverage Control Legislation. As a member of the Commission and then the New York State Alcohol Beverage Control Board, Sheppard was given the opportunity to propose her theories on control. The final legislation creating the New York State Liquor Authority embodied Sheppard's plan in regards to administrative structure but fell well short of her dream of a system that used the full power of the state to put temperance ahead of revenue.

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Ryan, Angela Rose. "Education for the People: The Third World Student Movement at San Francisco State College and City College of New York." The Ohio State University, 2010. http://rave.ohiolink.edu/etdc/view?acc_num=osu1275416332.

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Riley, Peter. "Moonlighting in Manhattan : American poets at work 1855-1930." Thesis, University of Cambridge, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.610494.

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Norrie, Philip Anthony. "An Analysis of the Causes of Death in Darlinghurst Gaol 1867-1914 and the Fate of the Homeless in Nineteenth Century Sydney." University of Sydney, 2007. http://hdl.handle.net/2123/1862.

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Master of Arts (Research)
This thesis examines a ledger which listed all the causes of death in Darlinghurst Gaol, Sydney’s main gaol, from 1867 to 1914 when the gaol was closed and all the prisoners were transferred to the new Long Bay Gaol at Maroubra. The ledger lists the name of the deceased prisoner, the date of their death, the age of the prisoner at the time of their death and the cause of death along with any special comments relevant to the death where necessary. This ledger was analysed in depth and the death rates and diseases causing the deaths were compared to the general population in New South Wales and Australia as well as to another similar institution namely Auburn Prison, the oldest existing prison in New York State and the general population of the United States of America (where possible). Auburn Prison was chosen because it was the only other prison in the English speaking world (British Empire and United States of America) that had a similar complete list of deaths of prisoners in the same time frame – in this case beginning in 1888. The comparison showed that the highest death rates were in the general population of the United States of America (statistics on New York State alone could not be found) followed by Auburn Prison followed by the general population of Australia then the general population of New South Wales (the latter two were very similar) and the lowest death rates were in Darlinghurst Gaol. The analysis showed that individuals were less likely to die in the main prison, compared to the relevant general population in New South Wales and New York State despite the fact that 8 – 9% of these prison deaths were due to executions, a cause of death not encountered in the general population. This thesis explores the reasons why mortality rates were lower in prison despite the popular perception was that Victorian era gaols were places of harshness, cruelty and death (think of the writings of Charles Dickens, the great moralist writer who was the conscience of the era) compared to the general free population.

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Alvarez, Luis Alberto. "The power of the zoot : race, community, and resistance in American youth culture, 1940-1945 /." Thesis, Full text (PDF) from UMI/Dissertation Abstracts International, 2001. http://wwwlib.umi.com/cr/utexas/fullcit?p3008265.

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Dowdle, Brett David. "A New Policy in Church School Work: The Founding of the LDS Supplementary Religious Education Movement, 1890-1930." BYU ScholarsArchive, 2011. https://scholarsarchive.byu.edu/etd/2470.

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The following thesis is a study of the founding years of the Mormon supplementary religious education between 1890 and 1930. It examines Mormonism's shift away from private denominational education towards a system of supplementary religious education programs at the elementary, high school, and college levels. Further, this study examines the role that supplementary religious education played in the changes between the nineteenth and the twentieth centuries. During the 1870s and 1880s, Utah's territorial schools became an important part of the battles over polygamy and the control of Utah. As the Federal Government began to wrest control of the schools from the Mormon community, the Church established a system of private academies. Economic problems during the 1880s and 1890s, however, made it difficult for the Church to maintain many of these schools, necessitating the Mormon patronage of the public schools. As a result, in 1890 the Church established its first supplementary religious education program, known as the Religion Class program. The Religion Class program suffered from a variety of problems and was criticized by both Mormon and non-Mormon officials. Despite the failings of the Religion Class program, the need for supplementary religious education became increasingly important during the first two decades of the twentieth century. In 1912, the Granite Stake established the Church's first high school seminary. Within ten years, the seminary program replaced the majority of the academies and became the Church's preeminent educational program. During the 1920s, the Church began extending supplementary religious education to its students in colleges and universities through the establishment of the institute program and the near-complete abandonment of its private colleges and schools. The successive establishment of these three programs demonstrates a shift in Mormon educational priorities and attitudes throughout this period. Whereas the academies and the Religion Class program emphasized a general fear of Americanization, the seminary and institute programs accepted the public schools and much of the Americanization that accompanied them, while at the same time providing means for the continued inculcation of Mormon values into the lives of Latter-day Saint youth.

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Johnson, Alexander James Cook. "Charting the imperial will : colonial administration & the General Survey of British North America, 1764-1775." Thesis, University of Exeter, 2011. http://hdl.handle.net/10036/3458.

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This dissertation explores how colonial administrators on each side of the Atlantic used the British Survey of North America to serve their governments’ as well as their personal objectives. Specifically, it connects the execution and oversight of the General Survey in the northern and southern theatres, along with the intelligence it provided, with the actions of key decision-makers and influencers, including the Presidents of the Board of Trade (latterly, the Secretaries of the American Department) and key provincial governors. Having abandoned their posture of ‘Salutary Neglect’ towards colonial affairs in favour of one that proactively and more centrally sought ways to develop and exploit their North American assets following the Severn Years’ War, the British needed better geographic information to guide their decision making. Thus, the General Survey of British North America, under the umbrella of the Board of Trade, was conceived. Officially sponsored from 1764-1775, the programme aimed to survey and analyse the attributes and economic potential of Britain’s newly acquired regions in North America, leading to an accurate general map of their North American empire when joined to other regional mapping programmes. The onset of the American Revolution brought an inevitable end to the General Survey before a connected map could be completed. Under the excellent leadership of Samuel Holland, the surveyor general of the Northern District, however, the British administration received surveys and reports that were of great relevance to high-level administration. In the Southern District, Holland’s counterpart, the mercurial William Gerard De Brahm, while producing reports of high quality, was less able to juggle the often conflicting priorities of provincial and London-based stakeholders. Consequently, results were less successful. De Brahm was recalled in 1771, leaving others to complete the work.

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Holmlund, Eric Richard. "Caretakers of the Garden of Delight and Discontent: Adirondack Narrative, Conflict, and Environmental Virtue." Antioch University / OhioLINK, 2010. http://rave.ohiolink.edu/etdc/view?acc_num=antioch1282137895.

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St-Louis, Katherine Anne. "Saint-Domingue Refugees and their Enslaved Property : Abolition Societies and the Enforcement of Gradual Emancipation in Pennsylvania and New York." Thèse, 2015. http://hdl.handle.net/1866/16136.

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Brenner, Jordan Thomas. "“New York is a State of Mind”: Race, Marginalization, and Cultural Expression in Postwar New York City." Thesis, 2011. http://hdl.handle.net/10012/6244.

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While the urban crisis debate has expanded to examine a variety of American cities, the general exploration of how African Americans have responded to, and challenged, racial and urban inequality remains focused on grassroots political and community activism. This account of postwar New York City seeks to examine how structural discrimination created racial inequality, how African Americans suffered from a complex system of social consequences that further marginalized them, and how a politically conscious art form emerged from the destitution of the urban crisis. As illustrated through Robert Merton’s theory of Anomie, restricted opportunity for social and economic advancement created an environment vulnerable to crime. Not only were African American neighbourhoods susceptible to crime, but the conservative agenda tended to demonize African Americans as dangerous criminals, targeting them in the rise of mass incarceration. Resources were funneled into imprisoning more people, and African Americans were disproportionately represented in the American corrections system. As a result of this, African Americans were consistently excluded from certain jobs and denied basic civil rights. This thesis will also explore how African Americans responded to, and challenged, racial and urban inequality through the arts. The Black Arts Movement emerged from New York City in the mid-1960s. The movement was both confrontational and socially conscious. Artists sought to articulate the struggles of urban African Americans while empowering, educating, and protesting racial injustices. The Black Arts Movement was fundamentally political, and a predecessor to the Hip Hop culture which emerged from the South Bronx neighborhood of New York City.

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Reader, Charles Dwight. "The establishment and development of the New York State Band Directors Association." 2013. http://liblink.bsu.edu/uhtbin/catkey/1720614.

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The purpose of this study was to: (a) investigate through exploration and inquiry, (b) trace by way of chronology, and (c) report in detail by means of descriptive commentary the history of the New York State Band Directors Association (NYSBDA) from its organization in 1980, up to and including the 30th anniversary of the Annual Symposium in March of 2011. After meticulous analysis of reports, documents and proceedings of the New York State Band Directors Association and organizing the information contained in these sources, the author has articulated in writing the major activities and labors of the organization. The author initiated the study by securing official permission from the 2010-2011 Executive Board of the New York State Band Directors Association. The author then followed the procedure of collecting data by contacting relevant personalities of the Association and requested that: (a) Association documents, (b) meeting minutes, (c) programs, (d) records, and (e) correspondence be transferred for evaluation. By means of thorough review and categorizing of materials a timeline of relevant events that described the formation and advancement of the Association was created. The New York State Band Directors Association was formed to satisfy a specific need for professional growth and support for instrumental music professionals working at all academic levels, public, private and community in New York State. The origin of the Association was in direct relation to the success of a weekend symposium in 1977 designed expressly for band directors. The NYSBDA grew from a small ‘steering committee’ under the leadership of Richard Snook. The group stated its primary purpose to be the improvement and promotion of instrumental music in New York State. Throughout its history, NYSBDA has provided assistance to instrumental music educators and band directors through its many initiatives. NYSBDA provides and exhibits: (a) professional growth opportunities by means of its annual symposium and regional workshops, (b) performance opportunities for instrumental ensembles, (c) potential for student participation in NYSBDA statewide honor bands, (d) instrumental teacher and professional recognition by means of awards, (e) the promotion of new literature by sponsoring and commissioning new band compositions, and (f) cooperation with other state associations. The Executive board and Membership of NYSBDA have demonstrated a commitment to the advancement and improvement of instrumental music and its professionals. This is in agreement and fulfillment with its stated Constitutional objectives.
School of Music

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Almquist, Sharon G. "A history of the State University of New York at Buffalo Music Department to 1968." 1986. http://ubdigit.buffalo.edu/u?/lib-mus017,867.

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Relyea, Lane. "Model citizens and perfect strangers: American painting and its different modes of address, 1958-1965." Thesis, 2004. http://hdl.handle.net/2152/1250.

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Kershner, Seth. "“A Constant Surveillance”: The New York State Police and the Student Peace Movement, 1965-1973." 2021. https://scholarworks.umass.edu/masters_theses_2/1057.

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Historians recognize that there was an increase in political repression in the United States during the Vietnam War era. While a number of accounts portray the Federal Bureau of Investigation as the primary driver of repression for many groups and individuals during the 1960s and 1970s, particularly those on the left, historians typically overlook the role played by local and state law enforcement in political intelligence-gathering. This thesis seeks to advance the study of one aspect of this much larger topic by looking at New York State Police surveillance of the Vietnam-era student peace movement. Drawing extensively on State Police spy files housed at the New York State Archives, the thesis makes several significant contributions to the existing historiography on this period. First, it demonstrates how state and local police contributed to the climate of political repression and surveillance during the Vietnam era. Second, while this thesis encompasses state police surveillance at all types of institutions, including elite private universities and second-tier state colleges, in doing so it provides the first-ever detailed look at how community college students organized against the war. Since a majority of community college students were from relatively low-income backgrounds, chronicling the history of protest on two-year campuses gives historians another angle from which to counter the persistent myth that antiwar activism failed to penetrate the most working-class sectors of U.S. society.

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Fink, Pierre Christian. "The Rise of the Money Market: The U.S. State, New York City Banks and the Commodification of Money, 1945–1980." Thesis, 2020. https://doi.org/10.7916/d8-kz78-tq51.

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This dissertation traces the commodification of money in the U.S. after World War II. In 1945, all money was issued either directly by the government or, under conditions determined by the government, by commercial banks. Today, forms of money that are issued by private firms without government backing make up the majority of all money claims, and a significant part of the U.S. payment system is operated by a private organization. These forms of money were essentially in existence by 1980; hence this dissertation focuses on their emergence between the late 1940s and the late 1970s. The new forms of money emerged outside public purview. In part, this was the result of their wholesale character: they were used not by the many households and small businesses that each made modest payments but by the few large organizations that moved vast sums around. But it was also the result of a fundamental choice made by these large organizations. They created new forms of money not by trying to change public laws but by evading them, through private contract and private law. While public discourse and democratic decision-making played virtually no role in the process, the state as an issuer of financial instruments did. Central bank deposits and government securities formed the basis on top of which private actors built crucial parts of the new forms of money. Creating a new form of money is difficult because its creators need to achieve two potentially contradictory goals. To get private actors to join the market, the creators need to convince them that the products traded are equivalent to money. To keep public actors from shutting down the market, the creators have to convince them that the products traded are not money (otherwise, the creators would be involved in counterfeiting). The former goal, I will argue against non-sociological explanations, cannot be achieved only by discovering an opportunity for arbitrage, exploiting a legal loophole, or making use of technological change. As important as these cognitive innovations are, the creators of a new form of money also need to be able to mobilize preexisting social relationships, so that the necessary transaction volume to render a financial instrument a form of money is achieved. The latter goal—keeping the state from shutting down the new form of money—was particularly hard to achieve in the postwar U.S. with its policy monopoly over money exercised by the Federal Reserve, a knowledgeable and powerful institution. I will argue that private actors found it possible to create a new form of money when the Federal Reserve saw the innovation only secondarily as concerned with money and primarily as furthering one of its other goals, in particular the financing of the U.S. government and the functioning of the banking system. Drawing on new archival data, this dissertation traces the eventful process through which the creators of private money navigated the two conflicting imperatives. Chapters 2–4 investigate new forms of money as a store of value. Chapter 2 describes how securities firms and corporate treasurers created a pioneering money market—the one in repurchase agreements—and how the major commercial banks reacted by calling for a restoration of the old monetary system. Chapter 3 shows that, when this call went unheeded by the Federal Reserve, the commercial banks themselves began to create new money markets, with effects that percolated through the entire financial system and led participants to reassess their roles and the norms that guided their interactions. Chapter 4 explains the management of the first major crisis of the money market, in 1974, as a silent triumph of the commercial banks over the Federal Reserve—in a moment of weakness, the money market became entrenched. Chapter 5 turns to money as a means of payment. It shows that, in contrast to the decentralized emergence of the money market, major commercial banks in the late 1960s built a new payment system through coordinated action and, in the crisis of 1974, took tremendous risks to stabilize that new form of money.

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Andersen, Deborah Lines. "User driven technologies assessing the information needs of history faculty as a special user population /." 1996. http://catalog.hathitrust.org/api/volumes/oclc/37472261.html.

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Roberts, Scotty L. "The textbook presidency theory and its relationship to the portrayals of 20th and 21st century presidents found in the middle level state history textbooks of Arkansas, California, Connecticut, Georgia, Illinois, Iowa, Massachusetts, Missouri, Nebraska, New York, Ohio, Texas, Vermont, And Virginia." 2009. http://purl.galileo.usg.edu/uga%5Fetd/roberts%5Fscotty%5Fl%5F200912%5Fphd.

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Tyler, John. "A Pragmatic Standard of Legal Validity." Thesis, 2012. http://hdl.handle.net/1969.1/ETD-TAMU-2012-05-10885.

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American jurisprudence currently applies two incompatible validity standards to determine which laws are enforceable. The natural law tradition evaluates validity by an uncertain standard of divine law, and its methodology relies on contradictory views of human reason. Legal positivism, on the other hand, relies on a methodology that commits the analytic fallacy, separates law from its application, and produces an incomplete model of law. These incompatible standards have created a schism in American jurisprudence that impairs the delivery of justice. This dissertation therefore formulates a new standard for legal validity. This new standard rejects the uncertainties and inconsistencies inherent in natural law theory. It also rejects the narrow linguistic methodology of legal positivism. In their stead, this dissertation adopts a pragmatic methodology that develops a standard for legal validity based on actual legal experience. This approach focuses on the operations of law and its effects upon ongoing human activities, and it evaluates legal principles by applying the experimental method to the social consequences they produce. Because legal history provides a long record of past experimentation with legal principles, legal history is an essential feature of this method. This new validity standard contains three principles. The principle of reason requires legal systems to respect every subject as a rational creature with a free will. The principle of reason also requires procedural due process to protect against the punishment of the innocent and the tyranny of the majority. Legal systems that respect their subjects' status as rational creatures with free wills permit their subjects to orient their own behavior. The principle of reason therefore requires substantive due process to ensure that laws provide dependable guideposts to individuals in orienting their behavior. The principle of consent recognizes that the legitimacy of law derives from the consent of those subject to its power. Common law custom, the doctrine of stare decisis, and legislation sanctioned by the subjects' legitimate representatives all evidence consent. The principle of autonomy establishes the authority of law. Laws must wield supremacy over political rulers, and political rulers must be subject to the same laws as other citizens. Political rulers may not arbitrarily alter the law to accord to their will. Legal history demonstrates that, in the absence of a validity standard based on these principles, legal systems will not treat their subjects as ends in themselves. They will inevitably treat their subjects as mere means to other ends. Once laws do this, men have no rest from evil.

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Dissertations / Theses on the topic 'New York (State) History Revolution'

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