Transformation Of American Law, 1780-1860 / Edition 1

Transformation Of American Law, 1780-1860 / Edition 1

5.0 1
by Morton J. Horwitz
     
 

In a remarkable book based on prodigious research, Morton J. Horwitz offers a sweeping overview of the emergence of a national legal system from English and colonial antecedents. He treats the evolution of the common law as intellectual history and demonstrates how the shifting views of private law became a dynamic element in the economic growth of the United States.See more details below

Overview

In a remarkable book based on prodigious research, Morton J. Horwitz offers a sweeping overview of the emergence of a national legal system from English and colonial antecedents. He treats the evolution of the common law as intellectual history and demonstrates how the shifting views of private law became a dynamic element in the economic growth of the United States.

Product Details

ISBN-13:
9780674903715
Publisher:
Harvard University Press
Publication date:
12/12/1977
Series:
Studies in Legal History Series
Edition description:
New Edition
Pages:
378
Product dimensions:
6.14(w) x 9.21(h) x 0.78(d)

Table of Contents

Introduction

1. The Emergence of an Instrumental Conception of Law

2. The Transformation in the Conception of Property

3. Subsidization of Economic Growth through the Legal System

4. Competition and Economic Development

5. The Relation between the Bar and Commercial Interests

6. The Triumph of Contract

The Equitable Conception of Contract in the Eighteenth Century

The Rise of a Market Economy and the Development of the Will Theory of Contract

Custom and Contract

Tort and Contract

7. The Development of Commercial Law

The Rise of Negotiability

The Law of Insurance: The Development of Actuarial Conceptions of Risk

Usury

Swift v. Tyson: The Rise of a General Commercial Law

8. The Rise of Legal Formalism

Notes

Index

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