| The Transformation of American Law, 1780-1860
(1992)
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| Front Cover |
Book Details |
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| Genre |
Non-Fiction |
| Subject |
Law - United States - Philosophy - History; Law - United States - Interpretation And Construction - History; Sociological Jurisprudence - History |
| Publication Date |
7/16/1992 |
| Format |
Hardcover (9.5
x
6.5
mm)
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| Publisher |
Oxford University Press |
| Language |
English |
| Extras |
Dust Jacket; Dust Jacket Cover |
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| Description |
| Awarded the Bancroft Prize in American History in 1978, Morton J. Horwitz's The Transformation of American Law, 1780-1860 is considered one of the most significant works ever published in American legal history. Since its publication in 1977, it has become the standard source on early nineteenth century American law. 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. He shows that the turning point in the use of common law came after 1790, when the law was slowly transformed to favor economic growth and development and the courts began to spur economic competition instead of circumscribe it. This new instrumental law would flourish during the nineteenth century as the legal profession and the mercantile elite forged a mutually beneficial alliance to gain wealth and power. Horwitz also demonstrates how the emergence of contract law corresponded to the development of economic and legal institutions of exchange. And he discusses how the rise of the market economy influenced legal practices, how contracts became ways to negate preexisting common law duties, and how (to the benefit of entrepreneurs and commercial groups) the courts were able to overthrow earlier anticommercial legal rules. Previous historical studies have viewed law and policy as an accurate reflection of the needs of an undifferentiated society. In The Transformation of American Law, Horwitz successfully challenges this misconception and shows how in the eighty years after the American Revolution, a major change in law took place in which aspects of social struggle turned to legal channels for resolution. Looking into the distribution of wealth and power during this time, Horwitz finds indeed that the change in legal ideology enabled commercial groups to win a disproportionate amount of wealth and power in American society. An accessible account of the history of law, this is a powerful statement on the great role of the legal system in American economic development. |
| Personal Details |
| Store |
AbeBooks |
| Purchase Price |
$15.50 |
| Acquire Date |
7/3/2018 |
| Condition |
Very Good/Very Good |
| Rating |
0 |
| Links |
Library of Congress
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| Product Details |
| LoC Classification |
KF366 .H6 1992 |
| Dewey |
349.7309034 |
| ISBN |
9780195078299 |
| Cover Price |
$35.00 |
| No. of Pages |
384 |
| First Edition |
No |
| Rare |
No |
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| Notes/Review |
Before reading this book, I probably would have described the change in the law since the founding of the USA as similar to the growth of a tree. It was small when young, and grew up over time, ending with a larger tree. The law just got bigger.
The time around the birth of the United States was one of great change worldwide. The Enlightenment was in full swing, and the shift from agrarianism to industrialization was underway. Before 1780, the common law was derived from "natural law" and custom and in the following decades was faced with pressures from commercialization.
The law, it turns out, wasn't so much a tree that got bigger, a product of nature that grew more or less naturally, being fertilized and pruned as needed. The tree (law derived from "natural law") was systematically replaced with an entirely man-made construct. It didn't grow naturally; it was built with purpose, with a goal (or several goals) in mind.
Horwitz tells us, using many examples, how the law transformed over time, reshaped to the advantage of men of commerce and industry at the expense of farmers, workers, consumers, and other less powerful groups within society. "Not only had the law come to establish legal doctrines that maintained the new distribution of economic and political power, but, wherever it could, it actively promoted a legal redistribution of wealth against the weakest groups in the society."
I'm not a lawyer and at times had to reread sections until I understood what he was getting at. Law is technical and has its own language. In spite of my occasional difficulty, Horwitz, I think, does a fine job of making the material understandable to the lay person. |
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