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The Creation of American Common Law, 1850-1880 - Technology, Politics, and the Construction of Citizenship (Paperback)
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The Creation of American Common Law, 1850-1880 - Technology, Politics, and the Construction of Citizenship (Paperback)
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This 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.
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