In a projected four-volume series, The Common Law in Colonial America, William E. Nelson will show how the legal systems of Britain's thirteen North American colonies, which were initially established in response to divergent political, economic, and religious initiatives, 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. Volume three, The Chesapeake and New England, 1660-1750, reveals how Virginia, which was founded to earn profit, and Massachusetts, which was founded for Puritan religious ends, had both adopted the common law by the mid-eighteenth century and begun to converge toward a common American legal model. The law in the other New England colonies, Nelson argues, although it was distinctive in some respects, gravitated toward the Massachusetts model, while Maryland's law gravitated toward that of Virginia.
As this volume reveals, these trends in governance ultimately resulted in a tension between top-down pressures from Britain for a more uniform system of laws and bottom-up pressures from colonists to develop their own common law norms and ...
In this first volume, Nelson explores how the law of the Chesapeake colonies--Virginia and Maryland--differed from the New England colonies--Massachusetts Bay, Connecticut, New Haven, Plymouth, and Rhode Island--and looks at the differences ...
As this volume reveals, these trends in governance ultimately resulted in a tension between top-down pressures from Britain for a more uniform system of laws and bottom-up pressures from colonists to develop their own common law norms and ...
... in American History: Public Values and Private Conscience (New York: Cambridge University Press, 2016); William G. McLoughlin, New England Dissent, 1630–1833: The Baptists and the Separation of Church and State, 1 (Cambridge, Mass.
After concluding that the mid-eighteenth-century colonial legal system usually functioned effectively, this text focuses on constitutional events leading to the American Revolution, showing how lawyers used ideology in the interests of ...
Morton, NfCP, 1-03, although a contract for goods furnished in learning a new profession was voidable. ... case on expectation damages for breach of a contract that may not, however, have been purely executory, see Wheeler v.
The extensive introduction addresses the intellectual challenges posed by comparative approaches to legal history. This is followed by twelve essays derived from papers delivered at the 24th British Legal History Conference.
Willcox, William B. Gloucestershire: A Study in Local Government, 1590-1640. New Haven, 1940. Articles and Essays Cockburn, J. S. "The Nature and Incidence of Crime in England, 1559- 1625: A Preliminary Survey." In J. S. Cockburn, ed.
This book considers the interplay of law, ideology, politics and economic change in shaping constitutional thought, and provides a historical perspective on the contemporary debate about property rights.
In this first comprehensive study of women's property rights in early America, Marylynn Salmon discusses the effect of formal rules of law on women's lives.