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Cover image of Privilege and Creative Destruction
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Privilege and Creative Destruction

The Charles River Bridge Case

Stanley I. Kutler

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In this now-classic work in legal and constitutional theory, Stanley I. Kutler examines one of the Supreme Court's most celebrated decisions. In 1837, the Court rules that the state of Massachusetts had the right to erect a free bridge over the Charles River even though it had previously chartered a privately owned toll bridge at the same location. The Court's decision fostered the idea of "creative destruction," a process that encourages new forms of property at the expense of older ones. Exploring the origins, context, and impact of this decision, Kutler integrates traditional American...

In this now-classic work in legal and constitutional theory, Stanley I. Kutler examines one of the Supreme Court's most celebrated decisions. In 1837, the Court rules that the state of Massachusetts had the right to erect a free bridge over the Charles River even though it had previously chartered a privately owned toll bridge at the same location. The Court's decision fostered the idea of "creative destruction," a process that encourages new forms of property at the expense of older ones. Exploring the origins, context, and impact of this decision, Kutler integrates traditional American constitutional history with the "new legal history: that emphasizes the social and economic bases of legal change.

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Richly detailed and methodically reasoned... Highly recommended for all students of legal history.

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Book Details

Publication Date
Status
Available
Trim Size
5.25
x
8.25
Pages
208
ISBN
9780801839832
Table of Contents

Preface, 1990 Edition
Chapter 1. A Tale of Two Bridges
Chapter 2. Ferries and Birdges, 1620-1823
Chapter 3. The Free Birdge Controversy, 1823-1828
Chapter 4. The State Court, 1828-1830
Chapter 5. The

Preface, 1990 Edition
Chapter 1. A Tale of Two Bridges
Chapter 2. Ferries and Birdges, 1620-1823
Chapter 3. The Free Birdge Controversy, 1823-1828
Chapter 4. The State Court, 1828-1830
Chapter 5. The Supreme Court, 1831-1835
Chapter 6. Re-Argument, 1837
Chapter 7. The New Dispensation and the Last of the Old Race
Chapter 8. The Local Impact
Chapter 9. The "Revolution" of 1837
Chapter 10. The Doctrinal Impact: Implementation and Limitations
Chapter 11. Privilege and Creative Destruction
Note: Johns Marshall and the Charles River Bridge Case
Bibliographical Essay
Acknowledgments
Index

Author Bio
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Stanley I. Kutler

Stanley I. Kutler is the E. Gordon Fox Professor of American Institutions in the Department of History and the School of Law at the University of Wisconsin. He is editor of the Johns Hopkins Series The American Moment. HIs newest book is The Wars of Watergate: The Last Crisis of Richard Nixon.