The Creation of American Common Law, 1850–1880: Technology, Politics, and the Construction of CitizenshipThis 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. |
Contents
2 | |
14 | |
Illinois We Were Determined to Have a RailRoad | 45 |
The Memory of Man Runneth Not to the Contrary Cases Involving Damage to Property | 64 |
Intelligent Beings Cases Involving Injuries to Persons | 91 |
The North Ohio Vermont and New York | 119 |
Virginia through the 1850s The Last Days of Planter Rule | 148 |
The Common Law of Antebellum Virginia The Preservation of Status | 169 |
Virginias Version of American Common Law Old Wine in New Bottles | 195 |
The South Georgia North Carolina and Kentucky | 227 |
Legal Change and Social Order | 260 |
274 | |
280 | |
Index | 292 |
Other editions - View all
The Creation of American Common Law, 1850-1880: Technology, Politics, and ... Howard Schweber No preview available - 2011 |
The Creation of American Common Law, 1850-1880: Technology, Politics, and ... Howard Schweber No preview available - 2004 |
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adopted American common law analysis antebellum appeal apply argued argument bailments Breese cars cattle chapter Chicago citizens claims collision common carriers common law doctrines conduct Constitution construction contract contributory negligence corporations damages defendant defined Democrats duties of care duties owed economic elites employees English fact fellow-servant rule fence governing Hazzard idea Illinois Illinois Supreme Court industrial injury interests involving ISHA file issue judges jury jury instructions Justice labor lawyers legal development legal doctrines legislature liability modern nineteenth century North Carolina northern obligations Ohio ordinary parties passengers persons plaintiff population property rights public duties question R.R. Co rail lines railroad company relationship republican Richmond road rule of contributory salus populi Scates Sidney Breese slaveowners slavery slaves social South southern southern courts speed standards statute strict liability system of common tion tort track train trespass universal duties Vermont Virginia Supreme Court virtues Whig Yarwood York