by Mary Sarah Bilder (Author)
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.
Format: Paperback
Pages: 308
Edition: First Paperback Edition
Publisher: Harvard University Press
Published: 31 Mar 2008
ISBN 10: 0674027191
ISBN 13: 9780674027190
Book Overview: The Transatlantic Constitution makes a major impact on the way we see the legacy of the colonial period and the later federal relationship that continues to affect us today. Mary Sarah Bilder presents an intensive examination of the structure and functioning of the legal relationship across the Atlantic, between the people of a colony and the legal metropolis in London. This exhaustively researched and deeply informed book recasts the way we think about how the transatlantic relationship affected law and authority. -- David Konig, Washington University in St. Louis Mary Sarah Bilder has taken an old and long-unfashionable topic and successfully given it new interest, perspective, and importance. She is the first historian to explore the relationship between colonial legal culture and sources of constitutional authority within the British empire, and she does so with a fine appreciation for the negotiated, pragmatic, and changing nature of the relationship. This book is a major contribution to colonial American legal, constitutional, and imperial history and sets the standard for future study of the transatlantic constitution. -- Bruce H. Mann, author of Republic of Debtors: Bankruptcy in the Age of American Independence