The Creation of American Common Law, 1850–1880 rb mobi 在线 下载 lit txt 网盘 pdf

　　This 2004 book is a comparative study of the 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 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.

Part I

　1. Introduction

Part II

　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 in the 1850s　the last days of planter rule

　7. The Common Law of Antebellum Virginia　old wine in new

bottles

　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

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