Transformation of American Law, 1780-1860

ISBN-10: 0674903714

ISBN-13: 9780674903715

Edition: 1976

List price: $47.50 Buy it from $25.16
This item qualifies for FREE shipping

*A minimum purchase of $35 is required. Shipping is provided via FedEx SmartPost® and FedEx Express Saver®. Average delivery time is 1 – 5 business days, but is not guaranteed in that timeframe. Also allow 1 - 2 days for processing. Free shipping is eligible only in the continental United States and excludes Hawaii, Alaska and Puerto Rico. FedEx service marks used by permission."Marketplace" orders are not eligible for free or discounted shipping.

30 day, 100% satisfaction guarantee

If an item you ordered from TextbookRush does not meet your expectations due to an error on our part, simply fill out a return request and then return it by mail within 30 days of ordering it for a full refund of item cost.

Learn more about our returns policy

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 circumscribing it. This new instrumental law flourished as the legal profession and the mercantile elite forged a mutually beneficial alliance to gain wealth and power. The evolving law of the early republic interacted with political philosophy, Horwitz shows. The doctrine of laissez-faire, long considered the cloak for competition, is here seen as a shield for the newly rich. By the 1840s the overarching reach of the doctrine prevented further distribution of wealth and protected entrenched classes by disallowing the courts very much power to intervene in economic life. This searching interpretation, which connects law and the courts to the real world, will engage historians in a new debate. For to view the law as an engine of vast economic transformation is to challenge in a stunning way previous interpretations of the eras of revolution and reform.
New Starting from $53.29
what's this?
Rush Rewards U
Members Receive:
coins
coins
You have reached 400 XP and carrot coins. That is the daily max!
Study Briefs

Limited time offer: Get the first one free! (?)

All the information you need in one place! Each Study Brief is a summary of one specific subject; facts, figures, and explanations to help you learn faster.

Add to cart
Study Briefs
SQL Online content $4.95 $1.99
Add to cart
Study Briefs
MS Excel® 2010 Online content $4.95 $1.99
Add to cart
Study Briefs
MS Word® 2010 Online content $4.95 $1.99
Add to cart
Study Briefs
MS PowerPoint® 2010 Online content $4.95 $1.99
Customers also bought
Loading
Loading
Loading
Loading
Loading
Loading
Loading
Loading
Loading
Loading

Book details

List price: $47.50
Copyright year: 1976
Publisher: Harvard University Press
Publication date: 4/30/1979
Binding: Paperback
Pages: 384
Size: 6.00" wide x 9.25" long x 1.25" tall
Weight: 1.408
Language: English

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
×
Free shipping on orders over $35*

*A minimum purchase of $35 is required. Shipping is provided via FedEx SmartPost® and FedEx Express Saver®. Average delivery time is 1 – 5 business days, but is not guaranteed in that timeframe. Also allow 1 - 2 days for processing. Free shipping is eligible only in the continental United States and excludes Hawaii, Alaska and Puerto Rico. FedEx service marks used by permission."Marketplace" orders are not eligible for free or discounted shipping.

Learn more about the TextbookRush Marketplace.

×