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A Concise History of American Law traces the development of the US legal order from the colonial era to the twenty-first century. Emphasizing the essential role of the common law--derived from judicial precedent, rather than legislation--eminent legal historian William E. Nelson examines the foundations of the American rule of law and its interactions over time with political, economic, and societal transformations. Synthesizing the broad structural, institutional, and ideological changes embedded within American legal history illuminates the significant role courts have played in structuring politics and society. Nelson's accessible chronological narrative details how the rule of law has both facilitated change, by protecting the rights of those who advocate for it, and inhibited change, by acting as a conservative bulwark protecting the rights and property of the rich and powerful. Weaving this fundamental tension between law and politics into his pithy account of how the law was made and practiced over three centuries of American history, Nelson has produced an invaluable guide to the intricate evolution of the modern US legal system.
List of contents
- Introduction
- 1: Reception of the Common Law
- 2: The Substance of Colonial Law
- 3: Toward Independence and the Rule of Law
- 4: The Release of Energy
- 5: Antislavery, Race, and Reconstruction
- 6: The Conservative Impulse
- 7: The Progressive Impulse
- 8: The New Deal and the Fight Against Totalitarianism
- 9: The End of Law?
- 10: Conclusion
About the author
William E. Nelson is the Edward Weinfeld Professor Emeritus at New York University School of Law. He has been writing and teaching in the field of American legal history for over fifty years and is the author of many books, including
E Pluribus Unum (Oxford University Press 2019) and
The Common Law in Colonial America (four volumes, Oxford University Press 2007-2018).
