A Concise History of American Law

This book was written by a distinguished professor of American legal history who died last year. It summarises history from the colonial era and the revolution, through to the civil war, and up to the present. It is more than just a brief history, though. It is peppered with the stories of the individuals whose legal cases became precedents. 

I did not realise how distinct most of the pre-revolution colonies were. They had long histories, and embedded traditions and culture before 1776. Virginia, for example, had strict laws to regulate commerce, including a requirement that businesses keep their premises ‘sweet and clean’. 

The idea of being able to reject any law or regulation that was ‘unconstitutional’ was part of legal life before the revolution. It was the legal profession that built what was to become the United States of America, based on the separation of powers, the ideas of the Enlightenment and the common law (which of course they got from us). The acceptance and predominance of that common law triumphed, but not until the 19th century.

Several presidents have attempted to influence the law by filling the Supreme Court with like-minded people. But Nelson clarifies that the role of judges, at any level, is to decide cases on what the law is, not what the public hope it to be. 

The preface says that ‘lawyers who claim to be well educated also should know about basic developments in the law’s past…’  I would extend that idea to British lawyers who should understand how our common law developed. 

David Pickup is a partner at Pickup & Scott Solicitors, Aylesbury