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From:
"Hardwick, Kevin - hardwikr" <[log in to unmask]>
Reply To:
Discussion of research and writing about Virginia history <[log in to unmask]>
Date:
Sun, 21 Oct 2012 16:34:21 +0000
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Jon--

Mulling over your query, I am struck by a number of thoughts.  First, there are two legal scholars whose work you almost certainly know, but just in case you don't, you may wish to consult.  The first of these is the Bernard Schwarz, who wrote a nice survey history of the Bill of Rights in 1977 (THE GREAT RIGHTS OF MANKIND:  A HISTORY OF THE UNITED STATES BILL OF RIGHTS--despite the grandiose title, the book is mostly focused on the 18th century), and likewise a documentary history (THE BILL OF RIGHTS:  A DOCUMENTARY HISTORY, 2 Vols.), the first volume of which may prove useful to you.  The other scholar is John Philip Reid, CONSTITUTIONAL HISTORY OF THE AMERICAN REVOLUTION, Vol. 1,  THE AUTHORITY OF RIGHTS.  My recollection of Reid is that he does not have all that much to say about declarations of rights per se, but even if I recall the book accurately, there may well be something of use in it for your purposes.

The second thought is that there is surprisingly little on this topic in the historical literature--and what there is, is mostly fairly dated. Odd--and almost certainly something accounted for at least in part by academic trends within the discipline.  

All best wishes, as always,
Kevin
___________________________
Kevin R. Hardwick
Associate Professor
Department of History, MSC 8001
James Madison University
Harrisonburg, Virginia 22807
______________________________________
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