Law and medicine in revolutionary America : dissecting the Rush v. Cobbett trial, 1799

著者

    • Myrsiades, Linda

書誌事項

Law and medicine in revolutionary America : dissecting the Rush v. Cobbett trial, 1799

Linda Myrsiades

(Studies in eighteenth-century America and the Atlantic world)

Lehigh University Press, c2012

  • : hardback

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注記

Includes bibliographical references (p. 237-259) and index

内容説明・目次

内容説明

Law and Medicine in Revolutionary America: Dissecting the Rush v. Cobbett Trial, 1799 offers the first deep analysis of the most important libel trial in post-revolutionary America and an approach to understanding a much-studied revolutionary figure, Benjamin Rush, in a new light as a legal subject. This libel trial faced off the new nation's most prestigious physician-patriot, Benjamin Rush, against its most popular journalist, William Cobbett, the editor of Porcupine's Gazette. Studied by means of a rare and substantial surviving transcript, the trial features six litigating counsel whose narrative of events and roles provides a unique view of how the revolutionary generation saw itself and the legacy it wished to leave to its progeny. The trial is structured by assaults against medical bleeding and its premier practitioner in yellow fever epidemics of the 1790s in Philadelphia, on the one hand, and castigates the licentiousness of the press in the nation's then-capital city, on the other. As it does so, it exemplifies the much-derided litigiousness of the new nation and the threat of sedition that characterized the development of political parties and the partisan press in late eighteenth-century America.

目次

Acknowledgments Illustrations Prolegomena The Trial Transcript Constructing the Plaintiff The Republican Narrative Yellow Fever and the Jeremiad Narrative The Image of Fever Chapter 1: Benjamin Rush and the Culture of Medicine Quacks and Factions The Culture of Medicine Rush's Treatments Doctors' Wars Chapter 2: Malpractice Law and Benjamin Rush Malpractice Law The Patient's Duty Medical Authority Physicians and the Law Whitworth and Young Samuel Thomson Rush and Malpractice Rush's Decision to Prosecute Chapter 3: William Cobbett and the Scurrilous Press Cobbett and the Press Porcupine and Style Trial by Press Satire Porcupine's Prints Press Feuds Cobbett's Attacks on Rush Sangrado the Bleeder The Vintner's Tales Chapter 4: Libel Law and William Cobbett Libel Cases Eleazer Oswald Sedition Cases Cobbett and the Law Changes in Legal Practice The Venue: The Pennsylvania Supreme Court Fleeing the Trial Chapter 5: Sangrado v. the Cloven Foot, the Trial The Political Story The Story of Character The Secular Jeremiad The Contribution of Sermons Cobbett's Self-Defense Chapter 6: The Trial Concluded The Judge and the Jury Cobbett's Counsel Trial Strategy Afterword Cobbett's Flight to England The Death of George Washington Peter Porcupine v. Paul Polecat Bibliography

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