Merican Legal Regimes and Wealth Creation
We were presented three snapshots in American legal history: customary relationships of colonial Boston, nineteenth century legal formalism, and the progressive era and New Deal administrative state. Each legal system governed the market with distinct property and contract rules and facilitated certain kinds of economic exchanges. Each regime reflected contemporary understandings of justice that determined individual rights and shaped the paths of economic development of the community.
Heres the question: Which system best supported a free society and encouraged wealth production? Why? What is gained and lost in each? Consider both individual rights as well as community mores.
This critical paper should summarize and comparatively analyze the competing systems in the readings. You should then construct a clear argument for your conclusion based on this analysis. Be sure to base your analysis in relevant textual evidence from the readings and cases (you should aim to use three or four cases).