Nineteenth-century judges actively reshaped common law to fit American conditions.
Evidence
From 1800 to 1870, U.S. courts introduced important innovations in the common law. Judges adapted English common-law doctrines to the more democratic and egalitarian society found in the United States. They also eased and encouraged the transition from an agrarian society to a more industrialized one. — G. Alan Tarr, Judicial Process and Judicial…, 2837
Categorization
- XREF: connects to: American judges purged aristocratic features from inherited English common law. — G. Alan Tarr, Judicial Process and Judicial…, 139; The common law adapts to social and economic change — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1311; Inductive reasoning allows the law to adapt to changing societal times. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 613 (+12 more)
Broader Connections
- The common law adapts to social and economic change
#corroborates(0.85) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1311 - Inductive reasoning allows the law to adapt to changing societal times.
#expands(0.75) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 613 - Common law evolves incrementally and its influence across states rests on persuasion.
#corroborates(0.72) — G. Alan Tarr, Judicial Process and Judicial…, 1434 - The nineteenth-century reforms created the modern state, not the reverse
#complicates(0.72) — Wael Hallaq, Restating Orientalism, 223 - Pioneering state rulings create a doctrinal momentum that sweeps other courts toward reform.
#exemplifies(0.70) — G. Alan Tarr, Judicial Process and Judicial…, 1798