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The Common Law in Colonial America: Volume IV: Law and the Constitution on the Eve of Independence, 1735-1776

Autor William E. Nelson
en Limba Engleză Hardback – 6 iun 2018
The eminent legal historian William E. Nelson's magisterial four-volume The Common Law in Colonial America traces how the many legal orders of Britain's thirteen North American colonies gradually evolved into one American system. Initially established on divergent political, economic, and religious grounds, the various colonial systems slowly converged until it became possible by the 1770s to imagine that all thirteen participated in a common American legal order, which diverged in its details but differed far more substantially from English common law. This fourth and final volume begins where volume three ended. It focuses on the laws of the thirteen colonies in the mid-eighteenth century and on constitutional events leading up to the American Revolution. Nelson first examines procedural and substantive law and looks at important shifts in the law to show how the mid-eighteenth- century colonial legal system in large part functioned effectively in the interests both of Great Britain and of its thirteen colonies. Nelson then turns to constitutional events leading to the Revolution. Here he shows how lawyers deployed ideological arguments not for their own sake, but in order to protect colonial institutional structures and the socio-economic interests of their clients. As lawyers deployed the arguments, they developed them into a constitutional theory that gave primacy to common-law constitutional rights and local self-government. In the process, the lawyers became leaders of the revolutionary movement and a dominant political force in the new United States.
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Specificații

ISBN-13: 9780190850487
ISBN-10: 0190850485
Pagini: 224
Dimensiuni: 239 x 157 x 25 mm
Greutate: 0.43 kg
Editura: Oxford University Press
Colecția OUP USA
Locul publicării:New York, United States

Notă biografică

William E. Nelson has been writing and teaching in the field of American legal history for nearly 50 years. He is the author of twelve monographs and editor of three other books. In 1961 he founded the Legal History Colloquium at NYU Law School, where nearly 100 younger scholars have held fellowships and received post-graduate training, and has presided over the Colloquium since that time.

Recenzii

This volume continues a multi-volume history of the common law in America by our greatest authority on the foundations of the American legal system. Like his other work, it is the product of unmatched meticulous research into the archival record of legal institutions as they affected the lives of ordinary Americans â male and female, white and black, powerful and weak. It is as much a human study as it is an institutional one, and it takes its well-earned place as a classic in legal history.