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The Creation of American Common Law, 1850–1880

Technology, Politics, and the Construction of Citizenship

The Creation of American Common Law, 1850–1880 by Howard Schweber
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This book is a comparative study of the American legal development in the mid-nineteenth century. Focusing on Illinois and Virginia, supported by observations from six additional states, the book traces the crucial formative moment in the development of an American system of common law in northern and southern courts. The process of legal development, and the form the basic analytical categories of American law came to have, are explained as the products of different responses to the challenge of new industrial technologies, particularly railroads. The nature of those responses was dictated by the ideologies that accompanied the social, political, and economic orders of the two regions. American common law, ultimately, is found to express an emerging model of citizenship, appropriate to modern conditions. As a result, the process of legal development provides an illuminating perspective on the character of American political thought in a formative period of the nation.
Cambridge University Press; January 2004
306 pages; ISBN 9780511162732
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Title: The Creation of American Common Law, 1850–1880
Author: Howard Schweber
 
ISBNs
0511162731
9780511162732
9780521824620