American courts adopted only the English common law applicable to local conditions

Evidence

The colonial charters and state statutes enacted after the Declaration of Independence almost all expressed in varying terms the controlling authority of the English camon law. But whatever the language, it came to be common doctrine that hile “our ancestors brought with them * * * Lthe7 general principles of the common laj? and claimed it as their birthright; * * * they brought with them and adopted, only that portion which was applicable to their situation.” — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 972

Categorization

  • XREF: Colonialism/land thread in the polyad — the reception of English law doctrine as part of settler self-conception. — connects to: Unwritten decisional common law remains the underlying framework of American state legal order — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2; American courts embraced western miners’ customs over English common-law doctrines — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 976; The American legal system is common law yet distinctive for judicial policymaking — G. Alan Tarr, Judicial Process and Judicial…, 213 (+3 more)

Broader Connections