The Transatlantic Constitution

The Transatlantic Constitution
Author: Mary Sarah Bilder
Publisher: Harvard University Press
Total Pages: 296
Release: 2008-03-31
Genre: Political Science
ISBN: 0674262042

“One of the more significant recent pieces of scholarship in this area . . . essential reading for all students of early America.” —Journal of American History 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. “The book is rich in social history as well, with the evolving status of women and institutional religion providing much of the legal grist.” —Choice

Settlers, Liberty, and Empire

Settlers, Liberty, and Empire
Author: Craig Yirush
Publisher: Cambridge University Press
Total Pages: 289
Release: 2011-02-28
Genre: History
ISBN: 1139496042

Traces the emergence of a revolutionary conception of political authority on the far shores of the eighteenth-century Atlantic world. Based on the equal natural right of English subjects to leave the realm, claim indigenous territory and establish new governments by consent, this radical set of ideas culminated in revolution and republicanism. But unlike most scholarship on early American political theory, Craig Yirush does not focus solely on the revolutionary era of the late eighteenth century. Instead, he examines how the political ideas of settler elites in British North America emerged in the often-forgotten years between the Glorious Revolution in America and the American Revolution against Britain. By taking seriously an imperial world characterized by constitutional uncertainty, geo-political rivalry and the ongoing presence of powerful Native American peoples, Yirush provides a long-term explanation for the distinctive ideas of the American Revolution.