Departing from traditional approaches to colonial legal history; Mary Sarah Bilder argues that American law and legal culture developed within the framework of an evolving; unwritten transatlantic constitution that lawyers; legislators; and litigants on both sides of the Atlantic understood. The central tenet of this constitution―that colonial laws and customs could not be repugnant to the laws of England but could diverge for local circumstances―shaped the legal development of the colonial world.Focusing on practices rather than doctrines; Bilder describes how the pragmatic and flexible conversation about this constitution shaped colonial law: the development of the legal profession; the place of English law in the colonies; the existence of equity courts and legislative equitable relief; property rights for women and inheritance laws; commercial law and currency reform; and laws governing religious establishment. Using as a case study the corporate colony of Rhode Island; which had the largest number of appeals of any mainland colony to the English Privy Council; she reconstructs a largely unknown world of pre-Constitutional legal culture.
#558349 in Books Harvard University Press 2004-10-30 2004-09-07Original language:EnglishPDF # 1 9.30 x .89 x 6.16l; 1.05 #File Name: 0674015843336 pages
Review
2 of 3 people found the following review helpful. If you have a basic understanding of theory; this is a good book for youBy Gwen H.This book was one of our assigned readings in an intro class in graduate school; and overall; it was okay. This book has a lot of name dropping and no concrete explanations of theories (post-modernism; structuralism; etc); but it is a great book if you already have experience and understanding of theory. I used this book more as a tool to find the names of influential figures in certain areas of study; which I don't believe was it's original intention; and I think it's great for that.3 of 6 people found the following review helpful. Warning to studentsBy CustomerI'm a history grad student and this is required reading.If you're buying this for a class or to cite (which my class requires); you'd best get the print version.The Kindle version does not have page numbers.Since I have to use this as a source for a paper; I now have to pay for the actual book. No page numbers means no citations.I'm really disappointed that a history text book publisher wouldn't know this.4 of 12 people found the following review helpful. Great Book for HistoriansBy CustomerThis is a great book to learn the basics of how the field of history has evolved over the decades. The field of history is a relatively new field of study; just since the 1800s.Clark provides an easy read for those not officially trained in history to pick-up the book and take off running.
