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Common Sense or Commonwealth? The Fence Law and Institutional Change in the Postbellum South

Kantor, Shawn Everett and Kousser, J. Morgan (1993) Common Sense or Commonwealth? The Fence Law and Institutional Change in the Postbellum South. Journal of Southern History, 59 (2). pp. 201-242. ISSN 0022-4642. doi:10.2307/2209776. https://resolver.caltech.edu/CaltechAUTHORS:20170905-160754378

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Abstract

Rarely have Southern historians devoted as much attention to a simple question of torts as they have in the instance of fence laws: would owners livestock be held liable for damages to other people's crops if they did not fence in their animals (referred to as the "stock law"), or did crop owners have to fence out other people's cattle and swine (known as the "fence law")? In most of the sparsely settled pre-Civil War South, the open-range, or fence-law, position prevailed. Post-Civil War state legislation allowed voters in counties or subcounty districts to adopt laws that shifted rights to crop growers and town dwellers and away from owners of livestock, which effectively closed the range.


Item Type:Article
Related URLs:
URLURL TypeDescription
https://doi.org/10.2307/2209776DOIArticle
http://www.jstor.org/stable/2209776JSTORArticle
http://resolver.caltech.edu/CaltechAUTHORS:20170901-162948024Related ItemWorking Paper
Additional Information:© 1993 Southern Historical Association.
Subject Keywords:Fences, Agricultural land, Tenants, Election laws, Crops, Pastures, Voting, Electoral districts, Farm economics, Workforce
Issue or Number:2
DOI:10.2307/2209776
Record Number:CaltechAUTHORS:20170905-160754378
Persistent URL:https://resolver.caltech.edu/CaltechAUTHORS:20170905-160754378
Official Citation:Kantor, Shawn Everett, and J. Morgan Kousser. “Common Sense or Commonwealth? The Fence Law and Institutional Change in the Postbellum South.” The Journal of Southern History, vol. 59, no. 2, 1993, pp. 201–242. www.jstor.org/stable/2209776
Usage Policy:No commercial reproduction, distribution, display or performance rights in this work are provided.
ID Code:81165
Collection:CaltechAUTHORS
Deposited By: Tony Diaz
Deposited On:05 Sep 2017 23:17
Last Modified:15 Nov 2021 19:41

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