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The Common Law of Colonial America - Volume I: The Chesapeake and New England 1607-1660 (Hardcover)
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The Common Law of Colonial America - Volume I: The Chesapeake and New England 1607-1660 (Hardcover)
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William E. Nelson here proposes a new beginning in the study of
colonial legal history. Examining all archival legal material for
the period 1607-1776 and synthesizing existing scholarship in a
four-volume series, The Common Law in Colonial America shows how
the legal systems of Britain's thirteen North American
colonies--initially established in response to divergent political,
economic, and religious initiatives--slowly converged into a common
American legal order that differed substantially from English
common law.
Drawing on groundbreaking and overwhelmingly in-depth research
into local court records and statutes, the first volume explores
how the law of the Chesapeake colonies--Virginia and
Maryland--diverged sharply from the New England
colonies--Massachusetts Bay, Connecticut, New Haven, Plymouth, and
Rhode Island--and traces the roots of these dissimilarities from
their initial settlement until approximately 1660. Nelson pointedly
examines the disparate motives of the legal systems in the
respective colonies as they dealt with religion, price and labor
regulations, crimes, public morals, the status of women, and the
enforcement of contractual obligations. He reveals how Virginians'
zeal for profit led to a harsh legal framework that efficiently
squeezed payment out of debtors and labor out of servants; whereas
the laws of Massachusetts were primarily concerned with the
preservation of local autonomy and the moral values of
family-centered farming communities. The law in the other New
England colonies, Nelson argues, gravitated towards the
Massachusetts model, while Maryland's law, gravitated toward that
of Virginia.
Comprehensive, authoritative, and extensivelyresearched, The
Common Law in Colonial America, Volume 1: The Chesapeake and New
England, 1607-1660 is the definitive resource on the beginnings of
the common law and its evolution during this vibrant era in
America's history. William E. Nelson here proposes a new beginning
in the study of colonial legal history.
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