News & Announcements
November 2, 2024
ASLH Article Prize Winners 2024
The William Nelson Cromwell Article Prize
Katie A. Moore, “To Counterfeit Is Death? Money, Print, and Punishment in the Early American Public Sphere,” Early American Studies 2 (2023): 233-271
This article investigates how paper currency became a powerful site of meaning-making in seventeenth and early eighteenth-century America. Exploring the establishment of counterfeiting as a crime, it contends that colonial governments used these laws to legitimate paper money and produce state power. Moore’s study develops an innovative legal history of paper currency that several Advisory Committee members described as brilliant. Advisory Committee members felt that Moore’s interdisciplinary methods and careful attention to the materiality and social meanings of both specie and notes enrich legal history. The article not only deftly explores the legal regimes surrounding print money and counterfeiting, but also pushes readers to expand their understandings of what law is and how it operates through material artefacts and within a range of social milieus to produce state power.
The Sutherland Prize
Jonathan Connolly, “Reading Morant Bay: Protest, Inquiry and Colonial Rule,” Law and History Review 41 (2023): 193-216
Jonathan Connolly’s insightful, tightly-argued and compelling essay uncovers a new and deeper understanding of the 1865 Morant Bay Rebellion. This uprising in post-emancipation Jamaica, and its violent suppression, have been widely interpreted as a “transformative crisis of empire” that simultaneously consolidated racist attitudes among imperial Britons and engendered seminal British debates about justice, sovereignty and the rule of law. By focusing on legal process, and debates over adherence to process, Connolly shows how law produced meaning in the aftermath of the rebellion. He traces the ways in which a royal commission of inquiry, swiftly assembled to investigate events in Jamaica, adopted a legalistic focus on the “proximate cause” of rebellion. This lawyerly focus, combined with the racialized bias that led commissioners to discount testimony provided by black Jamaicans, enabled them to narrowly limit the events to be investigated. While protesters in Jamaica had engaged in widespread and systematic critique of colonial misgovernment, Connolly argues, commissioners successfully reframed that scandal of misrule so that it was understood to be a scandal about the violent use of martial law by Jamaican Governor Edward John Eyre. This “process of discursive transformation” was completed in the subsequent prosecutions, and debates over those prosecutions, that made up the “Governor Eyre controversy.”
The Surrency Prize
Esther Sahle, “Legal Pluralism, Arbitration, and State Formation: The Rise and Fall of Philadelphia’s Quaker Court, 1682–1772,” Law and History Review 41:4 (2023): 653-681
Esther Sahle’s “Legal Pluralism, Arbitration, and State Formation: The Rise and Fall of Philadelphia’s Quaker Court, 1682–1772” combines an ingenious reading of archival records, an elegant analytical framework and a lucid, layered narrative. The result is an article of far-reaching insight. Examining the 284 disputes arbitrated over ninety years at Philadelphia’s monthly Quaker meetings, Sahle traces how—in procedure, subject matter and enforcement—the Quakers’ dispute resolution system functioned as a forum typical of contemporary Atlantic legal fori. This new understanding leads to others. Readers learn that the Quaker arbitration system, rather than a static practice explained by religious commitments, evolved in relation to the reliability of Pennsylvania’s public courts. Friends used their forum to enforce contracts, a community legal process that delivered commercial advantages amid political turbulence and state incapacity. Readers also learn how and why this community forum declined as official courts became more dependable, financial relationships with non-Quakers grew and the practicability of information-based enforcement declined. Friends increasingly took their business to the colonial state, strengthening it in the process. This story offers a novel view of the dynamics of legal pluralism, state-building, and economic change—notably, one arising not from official sources but rather from the activities of colonizing subjects in British North America. In its methods and analysis, Sahle’s article offers important lessons for legal historians working across geographies, empires and eras.
Jane Burbank Global Legal History Prize
Sarah Balakrishnan, “Prison of the Womb: Gender, Incarceration, and Capitalism on the Gold Coast of West Africa, c. 1500–1957,” Comparative Studies in Society and History 65:2 (2023): 296-320
This stunningly original article challenges several dominant tendencies in the global history of prisons, particularly a persistent focus on male incarceration and an emphasis on penal practices of the colonial state. Through careful analysis of a wide range of sources, including testimony of female prisoners, Balakrishnan tells a radically new story. It centers on the incarceration of women in so-called native prisons in nineteenth-century colonial Gold Coast (southern Ghana). The phrase “prison of the womb” describes a startling pattern: captive women were threatened with impregnation in efforts to urge dept repayment and tort settlement by kin groups. Palm oil merchants targeted women and utilized the punishment to enforce collection of payments on loans and amass capital. The committee was deeply impressed by the originality of the article, its deft combination and close interpretation of varied sources, and its broader significance for the regional and global history of carceral politics and practices.
Honorable Mention: Max Mishler, “‘Improper and Almost Rebellious Conduct’ Enslaved People’s Legal Politics and Abolition in the British Empire,” American Historical Review, 128:2 (2023): 648–684.
Anne Fleming Article Prize
Gerardo Con Díaz, “Patent Law and the Materiality of Inventions in the California Oil Industry: The Story of Halliburton v. Walker, 1935–1946,” Economy & Society 24.1 (2023): 174-96
Professor Diaz’s paper starts in 1941, when an independent engineer and inventor named Cranford Perry Walker decided to Mile a suit against Halliburton – not then the company it was to become – for patent infringement with regard to an instrument that Walker had devised and patented, christened the “Depthograph.” The Depthograph was designed to measure pressure and obstructions inside oil pipes and wells, providing vital knowledge to the booming oil industry. Walker was determined to defend his place in the market from the much larger competitor. Eventually the case went all the way to the Supreme court, where Waker was decisively defeated. From these seemingly obscure beginnings, Professor Diaz expertly unfolds a story with far-reaching implications for how intellectual property is understood and adjudicated in the US down to this day. We were unanimous in our decision. Deeply researched, beautifully crafted, and crisply written, this is an exemplary piece of scholarship in the art of bridging disciplinary divides between business and legal history.
Honorable Mention: Nora Slonimsky, “‘To Save the Benefit of the Act of Parliamt’: Mapping an Early American Copyright,” Law and History Review 40.4 (2022): 625-54
The Mary L. Dudziak Digital Legal History Prize
The Proceedings of the Old Bailey, Version 9.0, (https://www.oldbaileyonline.org/)
The Committee unanimously selected The Proceedings of the Old Bailey, Version 9.0, (https://www.oldbaileyonline.org/). Project Directors Tim Hitchcock, Professor Emeritus of Digital History, University of Sussex, and Robert Shoemaker, Professor Emeritus of Eighteenth-Century British History, University of Sheffield, submitted this nomination on behalf of the project team, which also included Jamie McLaughlin (software engineer), Sharon Howard (data manager), and Nick Phipps (web designer). First launched in 2003, the site hosts hand-corrected transcript accounts of around 200,000 criminal trials conducted at London’s Old Bailey from 1674 to 1913. While the underlying records, known as the Proceedings of the Old Bailey, had been consulted sporadically by social historians in the twentieth century, the digitization and search apparatus provided by the Old Bailey Online has become a definitive landmark in English legal history.
The Committee is awarding the Dudziak Prize to the newest iteration of this project, Version 9.0 This major upgrade, which was launched in 2023, is significant for three reasons. First, it makes the site more accessible and sustainable. Second, the site now allows for more user interaction and manipulation of data through Elasticsearch and in response to feedback from scholars making use of their dataset. These enhanced searching features include the presentation of results in a macroscope format as well as more categories to allow for more advanced statistical modeling. Third, the curators have added new background pages that address the historiographical developments since the site was originally created twenty years ago.