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5 - Regionalism in Early American Law

Published online by Cambridge University Press:  28 November 2008

By
David Konig
Edited by
Michael Grossberg  and
Christopher Tomlins
Christopher Tomlins
Affiliation:
University of California, Irvine
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Summary

Early Americans created regionally particular legal systems. Two centuries of nationhood have since brought a great measure of uniformity in certain areas of American law – the adoption of federal rules of procedure, the growth of a federal judiciary, a uniform commercial code, and a national system of legal education are just a few. Yet in certain respects American law remains regionally specific. The nation’s ninety-four federal district courts, for example, are grouped into regional circuits whose decisions occasionally conflict and are not resolved. Perhaps in our own time regional distinctiveness is stronger in American culture and political discourse than in actual legal reality. Nevertheless, both its factual existence and its cultural potency are clear.

American regionalism has its roots in early America. In the case of law, the particular goals and variant experiences of unrelated colonization ventures led to the reanimation and recombination of English legal practices in different ways in the new environments. Colonists emphasized some English practices while rejecting others, resulting ultimately in the emergence of three new and distinct regional configurations – the Chesapeake and its Southern neighbors, New England, and the Middle Colonies.

Type
Chapter
Information
The Cambridge History of Law in America , pp. 144 - 177
Publisher: Cambridge University Press
Print publication year: 2008

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References

Adams, to Jefferson, , June 30, 1813,in The Adams-Jefferson Letters: The Complete Correspondence between Thomas Jefferson and Abigail and John Adams, ed. Lester, J. Cappon (Chapel Hill, 1959).Google Scholar
Blackstone, William Sir, Commentaries on the Laws of England, ([1765–69], reprint, Chicago, 1979), 3.Google Scholar
Coke, Edward Sir, The Fourth Part of the Institutes of the Laws of England, Concerning the Jurisdiction of Courts ([1641] London, 1797).Google Scholar
David, Bromwich “Mr. Burke’s Speech on Moving His Resolutions for Conciliation with the Colonies” [March 22, 1775], in [Edmund Burke] On Empire, Liberty, and Reform. Speeches and Letters, ed. (New Haven, 2000).Google Scholar
Hale, Matthew Sir, Of the Alteration Amendment or Reformation of the Lawes of England [1665], cited by Nenner, Howard, By Colour of Law. Legal Change and Constitutional Politics in England, 1660–1689 (Chicago, 1977).Google Scholar
Jefferson, Thomas, “Draft of Instructions to the Virginia Delegates in the Continental Congress” [July 1774], published as “A Summary View of the Rights of British America,” The Papers of Thomas Jefferson, ed. Julian, P. Boyd, et al. (Princeton, 1950).Google Scholar
Lambarde, William, Eirenarcha: or of the Office of the Justice of Peace (London, 1581)Google Scholar
Landau, Norma, The Justices of the Peace, 1679–1760 (Berkeley, 1984).Google Scholar
Lyman, H. Butterfield ed., The Diary and Autobiography of John Adams, (Cambridge, MA, 1962), III.Google Scholar
Madison, , The Federalist, No. 51 (“extended republic”), 53 (“different laws”), in The Federalist, ed. Jacob, E. Cooke (Wesleyan, CT, 1961).Google Scholar
Quincy, Josiah Jr., “A Journal, interspersed with observations and remarks” [1773], Massachusetts Historical Society Proceedings, 49 (1915–16).Google Scholar
Randolph, Edmund, August 18, 1799, in The Life and Selected Writings of Thomas Jefferson, ed. Adrienne, Koch and William, Peden ([1944] New York, 1993).Google Scholar
Smith, Joseph H., Appeals to the Privy Council from the American Plantations (New York, 1950).Google Scholar
Tucker, St. George, “Of the Unwritten, or Common Law of England; And Its Introduction into, and Authority Within the United States,” in Tucker, St. George, A View of the Constitution of the United States. With Selected Writings, ed. Clyde, N. Wilson (Indianapolis, 1999).Google Scholar

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