Combining legal and social history, Bruce Mann explores the
relationship between law and society from the mid-seventeenth
century to the eve of the Revolution. Analyzing a sample of more
than five thousand civil cases from the records of local courts in
Connecticut, he shows how once-neighborly modes of disputing
yielded to a legal system that treated neighbors and strangers
alike.
During the colonial period population growth, immigration, economic
development, war, and religious revival transformed the nature and
context of official and economic relations in Connecticut. Towns
lost the insularity and homogeneity that made them the embodiment
of community. Debt litigation was transformed from a communal model
of disputing in which procedures were based on the individual
disagreements to a system of mechanical rules that homogenized law.
Pleading grew more technical, and the civil jury faded from
predominance to comparative insignificance. Arbitration and church
disciplinary proceedings, the usual alternatives to legal process,
became more formal and legalistic and, ultimately, less
communal.
Using a computer-assisted analysis of court records and insights
drawn from anthropology and sociology, Mann concludes that changes
in the law and its applications were tied to the growing
commercialization of the economy. They also can be attributed to
the fledgling legal profession's approach to law as an autonomous
system rather than as a communal process. These changes marked the
advent of a legal system that valued predictability and uniformity
of legal relations more than responsiveness to individual
communities. Mann shows that by the eve of the Revolution colonial
law had become less identified with community and more closely
associated with society.