[PDF] The Laws Of Thecolony eBook

Author : William Edward Nelson
Publisher :
Page : 236 pages
File Size : 29,41 MB
Release : 2012
Category : Law
ISBN : 0199937753

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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.

Author : James Deetz
Publisher : Anchor
Page : 401 pages
File Size : 21,61 MB
Release : 2001-10-16
Category : History
ISBN : 0385721536

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The utterly absorbing real story of the lives of the Pilgrims, whose desires and foibles may be more recognizable to us than they first appear. Americans have been schooled to believe that their forefathers, the Pilgrims, were somber, dark-clad, pure-of-heart figures who conceived their country on the foundation of piety, hard work, and the desire to live simply and honestly. But the truth is far from the portrait painted by decades of historians. They wore brightly colored clothing, often drank heavily, believed in witches, had premarital sex and adulterous affairs, and committed petty and serious crimes against their neighbors in surprisingly high numbers. Beginning by debunking the numerous myths that surround the landing of the Mayflower and the first Thanksgiving, James Deetz and Patricia Scott Deetz lead us through court transcripts, wills, probate listings, and rare firsthand accounts, as well as archaeological finds, to reveal the true story of life in colonial America.

Author : Mary Sarah Bilder
Publisher : Harvard University Press
Page : 320 pages
File Size : 17,25 MB
Release : 2008-03-31
Category : History
ISBN : 9780674020948

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Departing from traditional approaches to colonial legal history, Mary Sarah Bilder argues that American law and legal culture developed within the framework of an evolving, unwritten transatlantic constitution that lawyers, legislators, and litigants on both sides of the Atlantic understood. The central tenet of this constitution—that colonial laws and customs could not be repugnant to the laws of England but could diverge for local circumstances—shaped the legal development of the colonial world. Focusing on practices rather than doctrines, Bilder describes how the pragmatic and flexible conversation about this constitution shaped colonial law: the development of the legal profession; the place of English law in the colonies; the existence of equity courts and legislative equitable relief; property rights for women and inheritance laws; commercial law and currency reform; and laws governing religious establishment. Using as a case study the corporate colony of Rhode Island, which had the largest number of appeals of any mainland colony to the English Privy Council, she reconstructs a largely unknown world of pre-Constitutional legal culture.