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E Pluribus Unum - How the Common Law Helped Unify and Liberate Colonial America, 1607-1776 (Hardcover)
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E Pluribus Unum - How the Common Law Helped Unify and Liberate Colonial America, 1607-1776 (Hardcover)
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The colonies that comprised pre-revolutionary America had thirteen
legal systems and governments. Given their diversity, how did they
evolve into a single nation? In E Pluribus Unum, the eminent legal
historian William E. Nelson explains how this diverse array of
legal orders gradually converged over time, laying the groundwork
for the founding of the United States. From their inception, the
colonies exercised a range of approaches to the law. For instance,
while New England based its legal system around the word of God,
Maryland followed the common law tradition, and New York adhered to
Dutch law. Over time, though, the British crown standardized legal
procedure in an effort to more uniformly and efficiently exert
control over the Empire. But, while the common law emerged as the
dominant system across the colonies, its effects were far from what
English rulers had envisioned. E Pluribus Unum highlights the
political context in which the common law developed and how it
influenced the United States Constitution. In practice, the triumph
of the common law over competing approaches gave lawyers more
authority than governing officials. By the end of the eighteenth
century, many colonial legal professionals began to espouse
constitutional ideology that would mature into the doctrine of
judicial review. In turn, laypeople came to accept constitutional
doctrine by the time of independence in 1776. Ultimately, Nelson
shows that the colonies' gradual embrace of the common law was
instrumental to the establishment of the United States. Not simply
a masterful legal history of colonial America, Nelson's magnum opus
fundamentally reshapes our understanding of the sources of both the
American Revolution and the Founding.
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