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Vol 23 No 6 June/July 2018

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Law and English Railway Capitalism 1825-1875

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Rande KostalAssociate Professor, Faculty of Law, University of Western Ontario, Canada

ISBN13: 9780198256717
ISBN: 019825671X
Published: September 1994
Publisher: Oxford University Press
Format: Hardback
Price: Out of print
Paperback edition , ISBN13 9780198265672

Law and English Railway Capitalism, 1825-1875 is the first large scale historical treatment of the relationship between English law and the rise of a leading sector of 19th century industrial enterprise. It examines the impact of English common law and lawyers on the early steam railway industry. Grounded in a wide variety of legal and industrial source materials, the study's eight analytical narrative chapters examine a range of interactions between early railway capitalism and the evolving culture, doctrine, and procedures of Victorian lawyers. Subjects considered in depth include the legal ramifications of the great railway manias, law and the infiltration of the English countryside, railway accidents, corporate monopolism, and the organization of England's first corporate legal departments. Each chapter contributes to an ambitious general interpretation of the engagement of an ancient and powerful legal system with a new and dynamic form of industrial capitalism.

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Part 1 Law and the inception of railways: disorganizing capitalism - how lawyers made and unmade the railway manias, 1825-1845; ""A hurricane of litigation"" - railways, private acts and parliamentary legal culture, 1925-1870; the invasion of the land - railways, land expropriation and legal process, 1825-1850.
Part 2 Law and the operational railways: into the ideological breach - railway monopolism, the small freight war and the courts, 1840-1872; localism and capitalism - law and the parochial taxation of railways, 1825-1862; ""The instrumentality of others"" - railway accidents and the courts, 1840-1875; a ""Ruinous system"" - railway companies and their lawyers, 1825-1875; a case study of the legal department of the London and North Western Railway, 1862-1875 - the problem of personal injury claims; conclusion - the dialectics of law and English railway capitalism, 1825-1875.