The Common Law of Colonial America
Volume I: The Chesapeake and New England 1607-1660
Nelson, William E.,
Judge Edward Weinfeld Professor of Law,
New York University School of Law
Print publication date: 2008
Published to Oxford Scholarship Online: September 2008 Print ISBN-13: 978-0-19-532728-1 doi:10.1093/acprof:oso/9780195327281.001.0001 |
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Abstract:
The four-volume series of which this book is the first volume shows how the legal systems of Britain's thirteen North American colonies, which were initially established in response to divergent political, economic, and religious initiatives, slowly converged until it became possible by the 1770s to imagine that all thirteen participated in a common American legal order, which diverged in its details but differed far more substantially from English common law. This book reveals how Virginians' zeal for profit led to the creation of a harsh legal order that efficiently squeezed payment out of debtors and labor out of servants. In comparison, Puritan law in early Massachusetts strove mainly to preserve the local autonomy and moral values of family-centered, subsistence farming communities. The law in the other New England colonies, although it was distinctive in some respects, gravitated toward the Massachusetts model, while Maryland's law, except during a brief interlude of Puritan rule, gravitated toward that of Virginia.
Keywords: Chesapeake, colonial America, common law, debtors, Massachusets, moral values, New England, profit, servants, Virginia Table of Contents
Introduction
1.
Law in the Jamestown Settlement
2.
Private Property
and the Free Market in Virginia, 1619–1660
3.
Puritan Law in the Bay Colony
4.
Popular Power and the Rule of Law in Massachusetts
5.
The New England Satellites
6.
The Battle
for Maryland
7.
Conclusion
Index
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