This elegant book will shape the discussion of colonial legal history for years to come. The first installment of a projected four-volume series, William E. Nelson's examination of the earliest days of American legal history combines a scrupulous and readable summary of the caseload of the first American courts with an ambitious attempt to rethink the entire scholarly framework for understanding the colonial legal experience.
Common Law of Colonial America Vol 1 - The Chesapeake and New England 1607-1660
Primary attention is rightfully given to Virginia and Massachusetts. The other New England colonies are shown as satellites of the Bay Colony, while Maryland is eventually drawn into Virginia's orbit. Later volumes will address the middle colonies and the Carolinas, the British attempt to impose imperial order, and the American reaction that led to revolution.
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The Common Law in Colonial America
Sign In or Create an Account. Close mobile search navigation Article navigation. The Common Law in Colonial America , vol. University of North Carolina School of Law. You do not currently have access to this article. Popular Power and the Rule of Law in Massachusetts 5.
The Common Law in Colonial America - William E. Nelson - Oxford University Press
The New England Satellites 6. The Battle for Maryland 7. He has been writing and teaching in the field of American legal history for over forty years.
As Nelson quite brilliantly reveals, the early colonists struggled to make sense of law, religion, sex, crime, and economics in a harsh, challenging and often forbidding New World. Stone, author of Perilous Times: Free Speech in Wartime: From the Sedition Act of to the War on Terrorism.
His first volume brilliantly sums up what the first generation of historically trained scholars of early American law have learned, and places it in an analytical context that is easy to comprehend, yet subtle and original. Katz, coeditor of Colonial America: Essays in Politics and Social Development.
With exhaustive research and the perspective of a master historian and legal scholar, he demonstrates how the earliest years of settlement shaped the future of American law and bequeathed to us a system that accommodates diversity within a common commitment to the basic concepts of the rule of law. Konig, author of Law and Society in Puritan Massachusetts: The result is a thoroughly researched compendium of case law that reveals how the rule of law evolved as a check on arbitrary magisterial power.
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It should prove valuable to both legal and social historians. Oxford University Press is a department of the University of Oxford.
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To purchase, visit your preferred ebook provider. Oxford Scholarship Online This book is available as part of Oxford Scholarship Online - view abstracts and keywords at book and chapter level. Nelson Drawing on groundbreaking and overwhelmingly extensive research into local court records, The Common Law in Colonial America proposes a "new beginning" in the study of colonial legal history, as it charts the course of the common law in Early America, to reveal how the models of law that emerged differed drastically from that of the English common law.