William E. Nelson

E Pluribus Unum (eBook, PDF)

How the Common Law Helped Unify and Liberate Colonial America, 1607-1776

• Format: PDF

Produktbeschreibung

The colonies that comprised pre-revolutionary America had thirteen legal systems and governments. Given their diversity, how did they evolve into a single nation? In E Pluribus Unum, the eminent legal historian William E. Nelson explains how this diverse array of legal orders gradually converged over time, laying the groundwork for the founding of the United States. From their inception, the colonies exercised a range of approaches to the law. For instance, while New England based its legal system around the word of God, Maryland followed the common law tradition, and New York adhered to Dutch law. Over time, though, the British crown standardized legal procedure in an effort to more uniformly and efficiently exert control over the Empire. But, while the common law emerged as the dominant system across the colonies, its effects were far from what English rulers had envisioned. E Pluribus Unum highlights the political context in which the common law developed and how it influenced the United States Constitution. In practice, the triumph of the common law over competing approaches gave lawyers more authority than governing officials. By the end of the eighteenth century, many colonial legal professionals began to espouse constitutional ideology that would mature into the doctrine of judicial review. In turn, laypeople came to accept constitutional doctrine by the time of independence in 1776. Ultimately, Nelson shows that the colonies' gradual embrace of the common law was instrumental to the establishment of the United States. Not simply a masterful legal history of colonial America, Nelson's magnum opus fundamentally reshapes our understanding of the sources of both the American Revolution and the Founding.

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Produktdetails

• Verlag: Oxford University Press
• Seitenzahl: 336
• Erscheinungstermin: 4. Juni 2019
• Englisch
• ISBN-13: 9780190880811
• Artikelnr.: 56871151

Autorenporträt

William E. Nelson is Judge Edward Weinfeld Professor of Law, New York University. 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. He has been writing and teaching in the field of American legal history for nearly fifty years and is the author of many books, including four volumes of The Common Law in Colonial America (Oxford), The Roots of American Bureaucracy, Americanization of the Common Law, and The Fourteenth Amendment.

Inhaltsangabe

* Table of Contents
* Introduction
* Part One: The Initial Settlements, 1607-1660
* Chapter 1: The Chesapeake
* Chapter 2: New England
* Chapter 3: New Netherland
* Part Two: The Forging of Empire, 1660-1750
* Chapter 4: The Crown's Imposition of the Common Law and Colonial
Resistance
* Chapter 5: The End of Resistance and the Triumph of the Common Law
* Chapter 6: Ready Acceptance of the Common Law: Pennsylvania, New
Jersey, and the South
* Chapter 7: The Emergence of the Legal Profession
* Chapter 8: Property, Commercial Law, Labor Law, and Slavery
* Part Three: Altering Empire to Defeat France, 1689-1750
* Chapter 9: The Local Structure of Power
* Chapter 10: The Law of Religion
* Chapter 11: Criminal and Regulatory Law
* Part Four: The Collapse of Empire, 1750-1776
* Chapter 12: The Well-Functioning Empire of the Mid-Eighteenth Century
* Chapter 13: Weakening the Bonds of Empire
* Chapter 14: Testing the Bonds of Empire
* Chapter 15: Severing the Ties of Empire
* Chapter 16: An Historian's Postscript
* Bibliography