The Creation of American Common Law, 1850-1880

Technology, Politics, and the Construction of Citizenship

von

Schweber, Howard

TaschenbuchKartoniert, Paperback

306 Seiten

Englisch

Cambridge University Presserschienen am14.04.2011

This book is a comparative study of the American legal development in the mid-nineteenth century. Focusing on Illinois and Virginia, supported by observations from six additional states, the book traces the crucial formative moment in the development of an American system of common law in northern and southern courts. The process of legal development, and the form the basic analytical categories of American law came to have, are explained as the products of different responses to the challenge of new industrial technologies, particularly railroads. The nature of those responses was dictated by the ideologies that accompanied the social, political, and economic orders of the two regions. American common law, ultimately, is found to express an emerging model of citizenship, appropriate to modern conditions. As a result, the process of legal development provides an illuminating perspective on the character of American political thought in a formative period of the nation.mehr

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KlappentextThis book is a comparative study of the American legal development in the mid-nineteenth century. Focusing on Illinois and Virginia, supported by observations from six additional states, the book traces the crucial formative moment in the development of an American system of common law in northern and southern courts. The process of legal development, and the form the basic analytical categories of American law came to have, are explained as the products of different responses to the challenge of new industrial technologies, particularly railroads. The nature of those responses was dictated by the ideologies that accompanied the social, political, and economic orders of the two regions. American common law, ultimately, is found to express an emerging model of citizenship, appropriate to modern conditions. As a result, the process of legal development provides an illuminating perspective on the character of American political thought in a formative period of the nation.

Details

ISBN/GTIN978-0-521-15818-3

ProduktartTaschenbuch

EinbandartKartoniert, Paperback

Verlag

Cambridge University Press

Erscheinungsjahr2011

Erscheinungsdatum14.04.2011

Seiten306 Seiten

SpracheEnglisch

MasseBreite 152 mm, Höhe 229 mm, Dicke 18 mm

Gewicht500 g

Artikel-Nr.12192619

Rubriken

GenreRecht

Inhalt/Kritik

Inhaltsverzeichnis

Part I: 1. Introduction; Part II: 1. North and South; 2. Illinois. 'We were determined to have a rail-road'; 3. 'The memory of man runneth not to the contrary': cases involving damage to property; 4. 'Intelligent beings': cases involving injuries to persons; 5. The North: Ohio, Vermont, and New York; 6. Virginia in the 1850s: the last days of planter rule; 7. The Common Law of Antebellum Virginia: old wine in new bottles; 8. Virginia's version of American Common Law: old wine in new bottles; 9. The South: Georgia, North Carolina, and Kentucky; 10. Legal change and social order.mehr

Kritik

"This book combines two of the most interesting developments in the study of law and politics in recent years to great effect...far beyond its masterful illumination of how railroads influenced legal development in nineteenth century America, [this book] will spark serious debate about the common law, citizenship, and political and legal development. The Law and Politics Book Reviewmehr