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In 1865, Wild Bill Hickok Killed Dave Tutt In A Missouri Public Square In The West's First Notable Walkdown. One Hundred And Twenty-nine Years Later, Bernhard Goetz Shot Four Threatening Young Men In A New York Subway Car. Apart From Gunfire, What Could The Two Events Possibly Have In Common? Goetz, Writes Richard Maxwell Brown, Was Acquitted Of Wrongdoing In The Spirit Of A Uniquely American View Of Self-defense, A View Forged In Frontier Gunfights Like Hickok's. When Faced With A Deadly Threat, We Have The Right To Stand Our Ground And Fight. We Have No Duty To Retreat. No Duty To Retreat Offers An Engrossing Account Of How This Idea Of Self-defense Emerged, Focusing In Particular On The Gunfights Of The Frontier And Their Impact On Our Legal Traditions. The Right To Stand One's Ground, Brown Tells Us, Appeared Relatively Recently. Under English Common Law, The Threatened Party Had A Legal Duty To Retreat To The Wall Before Fighting Back. But From The Nineteenth Century On, Such Authorities As Justice Oliver Wendell Holmes Rejected This Doctrine As Unsuited To Both The American Mind And The Age Of Firearms. Brown Sketches The Influence Of Frontier Violence, Demonstrating The Tremendous Impact Of The Famous Gunmen And The Prevalence Of What He Calls Grassroots Gunfighters--unsung Men Who Resorted To Their Guns At A Moment's Notice. These Duels, Ambushes, And Firefights, He Writes, Were More Than Personal Vendettas: They Were Part Of A Western Civil War Of Incorporation, Pitting Gunmen--usually Republicans And Unionists, Who Sided With The Expanding Banks, Railroads, And Businesses--against Cowboys And Independent Farmers, Who Were Often Democrats Sympathizing With The Confederacy. Brown Examines The Gunfight Near The O.k. Corral In This Light, Showing How It Was A Climax Of Tensions Between Tombstone's Republican Businessmen (represented By Wyatt Earp) And The County's Cowboys (led By The Clantons And Mclaurys). He Also Looks At Such Lesser-known Battles As The Mus
This work investigates the historical and cultural origins of the American legal doctrine of self-defense, specifically the shift from the English common law duty to retreat to the modern right to stand one's ground. Richard Maxwell Brown, a distinguished historian of the American West, utilizes primary source accounts of frontier violence and legal precedents to argue that the American preference for armed self-defense was forged in the crucible of nineteenth-century gunfights. He posits that this cultural shift was not merely a matter of personal survival but a reflection of broader political and economic conflicts during the era of Western expansion.
What You Will Find
Experts recognize this text as a significant contribution to the study of American legal culture and the mythos of the frontier. Readers frequently note the author's ability to synthesize complex socio-political tensions with specific historical events to explain contemporary attitudes toward self-defense.
Page Count:
280
Publication Date:
1992-01-01
Publisher:
Oxford University Press
ISBN-10:
0198021437
ISBN-13:
9780198021438
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