Departing from traditional approaches to colonial legal history,
Mary Sarah Bilder argues that American law and legal culture
developed within the framework of an evolving, unwritten
transatlantic constitution that lawyers, legislators, and litigants
on both sides of the Atlantic understood. The central tenet of this
constitution--that colonial laws and customs could not be repugnant
to the laws of England but could diverge for local
circumstances--shaped the legal development of the colonial world.
Focusing on practices rather than doctrines, Bilder describes
how the pragmatic and flexible conversation about this constitution
shaped colonial law: the development of the legal profession; the
place of English law in the colonies; the existence of equity
courts and legislative equitable relief; property rights for women
and inheritance laws; commercial law and currency reform; and laws
governing religious establishment. Using as a case study the
corporate colony of Rhode Island, which had the largest number of
appeals of any mainland colony to the English Privy Council, she
reconstructs a largely unknown world of pre-Constitutional legal
culture.
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