The Transformation of American Law, 1780-1860
ISBN-10:
0674903706
ISBN-13:
9780674903708
Pub. Date:
01/01/1976
Publisher:
Harvard
The Transformation of American Law, 1780-1860

The Transformation of American Law, 1780-1860

by Morton J. Horwitz

Hardcover

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Overview

In this monumental book, Morton J. Horwitz offers a sweeping overview of the emergence of our national (and modern) legal system from English and colonial antecedents. He begins with the common law, which emerged during the eighteenth century as the standard doctrine with which to solve disputes in an egalitarian manner.

Product Details

ISBN-13: 9780674903708
Publisher: Harvard
Publication date: 01/01/1976
Series: Studies in Legal History , #8
Pages: 384
Product dimensions: 6.31(w) x 9.50(h) x (d)

About the Author

Morton J. Horwitz is a graduate of City College of New York and received a doctorate in Government and a law degree from Harvard University. Author of numerous articles in law and history, Mr. Horwitz is Professor of Law at the Harvard Law School, where he teaches legal history.

Table of Contents

Introduction

1. The Emergence of an Instrumental Conception of Law

2. The Transformation in the Conception of Property

3. Subsidization of Economic Growth through the Legal System

4. Competition and Economic Development

5. The Relation between the Bar and Commercial Interests

6. The Triumph of Contract

The Equitable Conception of Contract in the Eighteenth Century

The Rise of a Market Economy and the Development of the Will Theory of Contract

Custom and Contract

Tort and Contract

7. The Development of Commercial Law

The Rise of Negotiability

The Law of Insurance: The Development of Actuarial Conceptions of Risk

Usury

Swift v. Tyson: The Rise of a General Commercial Law

8. The Rise of Legal Formalism

Notes

Index

What People are Saying About This

One of the five most significant books ever published in the field of American legal history.

William E. Nelson

One of the five most significant books ever published in the field of American legal history.
William E. Nelson, Yale University

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