The Transformation of American Law, 1780–1860 (Studies in Legal History)

Name: The Transformation of American Law, 1780–1860 (Studies in Legal History)
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4.5 of 5 Stars: Legal History - The Transformation of American Law, 1780–1860 (Studies in Legal History)

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Book Synopsis: In a remarkable book based on prodigious research, Morton J. Horwitz offers a sweeping overview of the emergence of a national (and modern) legal system from English and colonial antecedents. He treats the evolution of the common law as intellectual history and also demonstrates how the shifting views of private law became a dynamic element in the economic growth of the United States. Horwitz's subtle and sophisticated explanation of societal change begins with the common law, which was intended to provide justice for all. The great breakpoint came after 1790 when the law was slowly transformed to favor economic growth and development. The courts spurred economic competition instead of circumscribing it. This new instrumental law flourished as the legal profession and the mercantile elite forged a mutually beneficial alliance to gain wealth and power. The evolving law of the early republic interacted with political philosophy, Horwitz shows. The doctrine of laissez-faire, long considered the cloak for competition, is here seen as a shield for the newly rich. By the 1840s the overarching reach of the doctrine prevented further distribution of wealth and protected entrenched classes by disallowing the courts very much power to intervene in economic life. This searching interpretation, which connects law and the courts to the real world, will engage historians in a new debate. For to view the law as an engine of vast economic transformation is to challenge in a stunning way previous interpretations of the eras of revolution and reform.

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Discover the fascinating evolution of the American legal system with "The Transformation of American Law, 1780–1860 (Studies in Legal History)" by Morton J. Horwitz. Dive into prodigious research that traces the development of our national legal system from its English and colonial roots. Uncover how the common law shifted to support economic growth and development, shaping the dynamic landscape of the United States.

Horwitz's insightful analysis showcases how the legal system transitioned from providing justice for all to fueling economic competition and advancing the interests of the emerging mercantile elite. Explore how the interplay between law, economics, and politics during the early republic era laid the groundwork for the societal changes that shaped the nation's future. This groundbreaking perspective challenges traditional views of revolution and reform.

Engage in a thought-provoking journey through history as Horwitz connects the dots between law, courts, and economic transformation. Gain a deeper understanding of how legal doctrines such as laissez-faire influenced the distribution of wealth and power, providing a shield for the elite while limiting intervention in economic affairs. This meticulously researched book offers a fresh perspective that will spark debate among historians.

Ready to explore the transformative power of law in shaping America's economic and social landscape? Delve into "The Transformation of American Law, 1780–1860 (Studies in Legal History)" and uncover the intricate connections between legal developments and societal change. Order your copy today.

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