Privilege and Creative Destruction

The Charles River Bridge Case

By: Stanley I. Kutler

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Paperback | 13 February 1990

At a Glance

Paperback
208 Pages

Age
22+

Dimensions(cm)
20.96 x 14.61 x 1.27

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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 constitutional history with the "new legal history: that emphasizes the social and economic bases of legal change.

Industry Reviews

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

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