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Vol 23 No 6 June/July 2018

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


ISBN13: 9780190850487
Published: July 2018
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £35.99



Low stock.

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.

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.

Subjects:
Legal History, Other Jurisdictions , USA
Contents:
Introduction
Chapter 1: Common Law Constitutionalism
Chapter 2: Localist Constitutionalism
Chapter 3: Uncontested Legal Practices
Chapter 4: The Well-Functioning Empire of the Mid-Eighteenth Century
Chapter 5: Government Failure in Two Colonies
Chapter 6: Weakening the Bonds of Empire
Chapter 7: Testing the Bonds of Empire
Chapter 8: Terminating the Ties of Empire
Chapter 9: Conclusion: Legal and Constitutional Legacies

Series: The Common Law in Colonial America

£41.49
£21.24 + £4.25 VAT
(ePub)
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The Common Law in Colonial America Volume I: The Chesapeake and New England 1607-1660 ISBN 9780195327281
Published September 2008
Oxford University Press
£29.99