殖民地新英格兰的货币政策与诉讼性质

Currency Policies and the Nature of Litigation in Colonial New England

Journal of Economic History · 2004
被引 0
人大 A-ABS 3

中文导读

研究了殖民地新英格兰政府通过司法执行债务协议促进经济发展的作用,挑战了法律史学者关于法院系统是文化壁垒或商业催化剂的观点。

Abstract

Judicial enforcement of debt agreements was one of the central and most important aspects of government promotion of the nascent colonial economy. Nevertheless, legal historians have characterized the colonial court system in contrasting terms as a bulwark of pre-industrial cultural norms impeding development, or as a crucial cata- lyst of commercial transformation. In either case, legal historians' focus on law developed in the courts, as opposed to the policies of the legislative or executive branchs of government, has led to an assumption that the law adjusts in some natural way to changing economic and cultural climates. According to this view, lawsuits are an indirect reflection of prevailing cultural norms and market conditions Judges adapt the law as those norms and conditions change. The court system therefore fulfills an insti- tutional role of ensuring that the law keeps pace with economic and societal transfor- mation, and comes close to optimally satisfying the legal needs of local communities.

殖民新英格兰货币政策债务诉讼司法制度