Book contents
- Frontmatter
- Contents
- Acknowledgments
- Introduction
- 1 North and South
- 2 Illinois: “We Were Determined to Have a Rail-Road”
- 3 “The Memory of Man Runneth Not to the Contrary”: Cases Involving Damage to Property
- 4 “Intelligent Beings”: Cases Involving Injuries to Persons
- 5 The North: Ohio, Vermont, and New York
- 6 Virginia through the 1850s: The Last Days of Planter Rule
- 7 The Common Law of Antebellum Virginia: The Preservation of Status
- 8 Virginia's Version of American Common Law: Old Wine in New Bottles
- 9 The South: Georgia, North Carolina, and Kentucky
- 10 Legal Change and Social Order
- Index of Cases
- Bibliography
- Index
5 - The North: Ohio, Vermont, and New York
Published online by Cambridge University Press: 22 July 2009
- Frontmatter
- Contents
- Acknowledgments
- Introduction
- 1 North and South
- 2 Illinois: “We Were Determined to Have a Rail-Road”
- 3 “The Memory of Man Runneth Not to the Contrary”: Cases Involving Damage to Property
- 4 “Intelligent Beings”: Cases Involving Injuries to Persons
- 5 The North: Ohio, Vermont, and New York
- 6 Virginia through the 1850s: The Last Days of Planter Rule
- 7 The Common Law of Antebellum Virginia: The Preservation of Status
- 8 Virginia's Version of American Common Law: Old Wine in New Bottles
- 9 The South: Georgia, North Carolina, and Kentucky
- 10 Legal Change and Social Order
- Index of Cases
- Bibliography
- Index
Summary
The system of common law rules that emerged in Illinois in the 1850s was part of a larger, regional pattern of northern legal development. The states of the antebellum North did not develop their laws in lock-step, to be sure. Each state's path of legal development was specific to its own conditions, its politics, and the actors who played key roles both on and off the bench. But despite these variations, there were core aspects to the development of new legal concepts in the 1850s that were reflected across the breadth of the northern states. Throughout the region, the traditional focus on competing individual property rights was replaced by a focus on collective duties, and the meaning of salus populi was transformed from a statement about the maintenance of an established set of practices to an embrace of technology-driven progress. The outcome, across the North as in Illinois, was that access to the courts was both liberalized and constrained: liberalized by the unification and simplification of legal doctrines, and constrained by the imposition of requirements that litigants demonstrate their compliance with politically desirable traits of citizens before they could be heard. The process of development that was observed in Illinois, too, was echoed in other northern states in the decade before the Civil War. Initially, legally conservative judges attempted to fit new situations into established common law doctrines, then eventually, through a process of trial and error, revision, and adaptation, the states' highest courts settled on versions of the new, American system of common law.
- Type
- Chapter
- Information
- The Creation of American Common Law, 1850–1880Technology, Politics, and the Construction of Citizenship, pp. 118 - 146Publisher: Cambridge University PressPrint publication year: 2004