Transformation of American Law, 1780-1860

Name: Transformation of American Law, 1780-1860
Availability: InStock
ISBN: 9780674903715

ISBN-10: 0674903714

ISBN-13: 9780674903715

Edition: 1976

Authors: Morton J. Horwitz

List price: $52.00

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Description:

In a remarkable book based on prodigious research, Morton J. Horwitz offers a sweeping overview of the emergence of a national (and modern) legal system from English and colonial antecedents. He treats the evolution of the common law as intellectual history and also demonstrates how the shifting views of private law became a dynamic element in the economic growth of the United States. Horwitz's subtle and sophisticated explanation of societal change begins with the common law, which was intended to provide justice for all. The great breakpoint came after 1790 when the law was slowly transformed to favor economic growth and development. The courts spurred economic competition instead of…

Book details

List price: $52.00
Copyright year: 1976
Publisher: Harvard University Press
Publication date: 4/30/1979
Binding: Paperback
Pages: 384
Size: 7.13" wide x 9.17" long x 0.79" tall
Weight: 1.232

Morton J. Horwitz is a graduate of City College of New York and received a doctorate in Government and a law degree from Harvard University. Author of numerous articles in law and history, Mr. Horwitz is Professor of Law at the Harvard Law School, where he teaches legal history.



Introduction



The Emergence of an Instrumental Conception of Law



The Transformation in the Conception of Property



Subsidization of Economic Growth through the Legal System



Competition and Economic Development



The Relation between the Bar and Commercial Interests



The Triumph of Contract


The Equitable Conception of Contract in the Eighteenth Century


The Rise of a Market Economy and the Development of the Will Theory of Contract


Custom and Contract


Tort and Contract



The Development of Commercial Law


The Rise of Negotiability


The Law of Insurance: The Development of Actuarial Conceptions of Risk


Usury


Swift v. Tyson: The Rise of a General Commercial Law



The Rise of Legal Formalism


Notes


Index