Embedded Liberty: Imagining Citizenship for a World of Self Rule. The American Courts in the Early National Period.

Research output: Contribution to journalArticle


It is common to associate democracy with a 'rule of law'. Knowledge about precisely what role law plays in democratic state formation remains, however, quite limited. In this article, I explore how legal culture, specifically the new practice of plea bargaining, emerged in the 1830s and, once established, set in motion significant new patterns of political change. During the early to mid-19th century, several areas of American law simultaneously participated in the articulation of a conception of liberty and the nature of the political subject for a new post-Revolutionary world of self-rule.

Bibliographical metadata

Original languageEnglish
Pages (from-to)23-60
JournalKing's Law Journal
Issue number1
Publication statusPublished - 2007