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The Common Law in Colonial America: Volume III: The Chesapeake and New England, 1660-1750

The Common Law in Colonial America: Volume III: The Chesapeake and New England, 1660-1750

Author: William E. Nelson
Publisher: Oxford University Press
ISBN: 9780190465056
Published In: July 2016
Format: Hardback
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,196.00

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Description
Contents

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In a projected four-volume series, The Common Law in Colonial America, William E. Nelson will show how the legal systems of Britain's thirteen North American colonies, which were initially established in response to divergent political, economic, and religious initiatives, slowly converged until it became possible by the 1770s to imagine that all thirteen participated in a common American legal order, which diverged in its details but differed far more substantially from English common law.

Volume three, The Chesapeake and New England, 1660-1750, reveals how Virginia, which was founded to earn profit, and Massachusetts, which was founded for Puritan religious ends, had both adopted the common law by the mid-eighteenth century and begun to converge toward a common American legal model.

The law in the other New England colonies, Nelson argues, although it was distinctive in some respects, gravitated toward the Massachusetts model, while Maryland's law gravitated toward that of Virginia.

Introduction

I. Maryland and the Shift to Protestantism

A. Maryland's Unique Judicial System

1. The Neutrality of Judges

2. The Law-Finding Power of Juries

B. The Substance of Maryland's Law

1. Commercial Litigation

2. Debt Collection

3. Land Law

4. The Law of Slavery and Servitude

5. Administrative Law

6. Criminal Law