The Transatlantic Constitution: Colonial Legal Culture and the Empire, 2009, 308pages, Mary Sarah Bilder, 0674020944, 9780674020948, Harvard University Press,2009

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Departing from traditional approaches to colonial legal history, Mary Sarah Bilder argues thatAmerican law and legal culture developed within the framework of an evolving, unwrittentransatlantic constitution that lawyers, legislators, and litigants on both sides of the Atlanticunderstood. The central tenet of this constitution--that colonial laws and customs could not berepugnant to the laws of England but could diverge for local circumstances--shaped the legaldevelopment of the colonial world. Focusing on practices rather than doctrines, Bilder describeshow the pragmatic and flexible conversation about this constitution shaped colonial law: thedevelopment of the legal profession; the place of English law in the colonies; the existence ofequity 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 casestudy the corporate colony of Rhode Island, which had the largest number of appeals of anymainland colony to the English Privy Council, she reconstructs a largely unknown world of pre-Constitutional legal culture.

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