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The Common Law in Colonial America - Volume II: The Middle Colonies and the Carolinas, 1660-1730 (Hardcover)
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The Common Law in Colonial America - Volume II: The Middle Colonies and the Carolinas, 1660-1730 (Hardcover)
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William E. Nelson's first volume of the four-volume The Common Law
of Colonial America (2008) established a new benchmark for study of
colonial era legal history. Drawing from both a rich archival base
and existing scholarship on the topic, the first volume
demonstrated how the legal systems of Britain's thirteen North
American colonies-each of which had unique economies, political
structures, and religious institutions -slowly converged into a
common law order that differed substantially from English common
law. The first volume focused on how the legal systems of the
Chesapeake colonies-Virginia and Maryland-contrasted with those of
the New England colonies and traced these dissimilarities from the
initial settlement of America until approximately 1660. In this new
volume, Nelson brings the discussion forward, covering the years
from 1660, which saw the Restoration of the British monarchy, to
1730. In particular, he analyzes the impact that an increasingly
powerful British government had on the evolution of the common law
in the New World. As the reach of the Crown extended, Britain
imposed far more restrictions than before on the new colonies it
had chartered in the Carolinas and the middle Atlantic region. The
government's intent was to ensure that colonies' laws would align
more tightly with British law. Nelson examines how the newfound
coherence in British colonial policy led these new colonies to
develop common law systems that corresponded more closely with one
another, eliminating much of the variation that socio-economic
differences had created in the earliest colonies. As this volume
reveals, these trends in governance ultimately resulted in a
tension between top-down pressures from Britain for a more uniform
system of laws and bottom-up pressures from colonists to develop
their own common law norms and preserve their own distinctive
societies. Authoritative and deeply researched, the volumes in The
Common Law of Colonial America will become the foundational
resource for anyone interested the history of American law before
the Revolution.
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