Cover: The Transatlantic Constitution: Colonial Legal Culture and the Empire, from Harvard University PressCover: The Transatlantic Constitution in PAPERBACK

The Transatlantic Constitution

Colonial Legal Culture and the Empire

Product Details

PAPERBACK

Print on Demand

$33.00 • £28.95 • €30.95

ISBN 9780674027190

Publication Date: 03/31/2008

Short

308 pages

6-1/8 x 9-1/4 inches

World

Add to Cart

Media Requests:

Related Subjects

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.

Recent News

Black lives matter. Black voices matter. A statement from HUP »

From Our Blog

Photograph of the book Fearless Women against red/white striped background

A Conversation with Elizabeth Cobbs about Fearless Women

For Women’s History Month, we are highlighting the work of Elizabeth Cobbs, whose new book Fearless Women shows how the movement for women’s rights has been deeply entwined with the history of the United States since its founding. Cobbs traces the lives of pathbreaking women who, inspired by American ideals, fought for the cause in their own ways