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Book Cover
Book
Author Schweber, Howard

Title The creation of American common law, 1850-1880 : technology, politics, and the construction of citizenship / Howard Schweber
Published Cambridge, UK ; New York, NY : Cambridge University Press, 2004

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Location Call no. Vol. Availability
 MELB  KL 22 Sch/Coa  AVAILABLE
Description viii, 296 pages ; 24 cm
Contents 1. North and south -- 2. Illinois: "We were determined to have a rail-road" -- 3. "The memory of man runneth not to the contrary": cases involving damage to property -- 4. "Intelligent beings": cases involving injuries to persons -- 5. The north: Ohio, Vermont, and New York -- 6. Virginia through the 1850s: The last days of planter rule -- 7. The common law of antebellum Virginia: the preservation of status -- 8. Virginia's version of American common law: old wine in new bottles -- 9. The south: Georgia, North Carolina, and Kentucky -- 10. Legal change and social order
Summary "This book is a comparative study of 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 that 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."--BOOK JACKET
Bibliography Includes bibliography and inex
Notes Print version record
Subject Customary law -- United States -- History -- 19th century.
Common law -- United States -- History -- 19th century.
Genre/Form History.
LC no. 2003048467
ISBN 0521824621