Claire Priest
Biographic Data
| ID | 2490945 |
|---|---|
| NAME | Claire Priest |
| GIVEN NAMES | Claire |
| FAMILY NAME | Priest |
| SIGNATURE | PRIEST C |
| AFFILIATIONS | Northwestern University |
| VERIFIED | No |
| TOTAL WORKS | 17 |
| TOTAL CITATIONS | 15 |
| WORKS AS AUTHOR | 17 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 1999 |
| LATEST PUBLICATION YEAR | 2021 |
| H-INDEX | 3 |
Property and Credit in the Early Republic
This chapter focuses on the federal structure of debtor/creditor law in the founding era. In gaining independence from British rule, the colonists rejected the extractive taxes and trade policies that they felt would suppress economic growth. But independence posed the question of what role the new federal government would play in regulating state legislatures and how much power it would have to standardize state laws on property rights, the cred…
The Stamp Act and Legal and Economic Institutions
The chapter evaluates the Stamp Act and the contrasting visions of the colonial economy and its institutions advanced by the Stamp Act supporters in England and the Stamp Act opponents in the colonies. It focuses on the first colony, Virginia, as an example of events taking place throughout the colonies. The chapter begins by describing how colonial legislatures assumed authority over establishing the level of fees imposed by the county-level ins…
Property, Institutions, and Economic Growth in Colonial America
This chapter places the book's description of how property rights were defined, enforced, and managed in the British American colonies within the economic history literature. As scholars have identified, property rights are central to both political and economic life. The chapter then considers the complexities in making causal claims about the effect of property law and legal institutions in colonial America on economic growth. First, slavery wa…
Property Exemptions and the Abolition of the Fee Tail in the Founding Era
This chapter explores founding era property law and institutions. It discusses the aftermath of Parliament's Debt Recovery Act in state law both relating to creditors' claims and in the law of slavery. Although English abolitionists mounted an attack against the commodification of slaves in the Debt Recovery Act, American Southern states moved closer to full chattel slavery, retaining slaves' liquid features with respect to creditors' claims to p…
English Property Law, the Claims of Creditors, and the Colonial Legal Transformation
This chapter examines the legal doctrines relating to credit markets and commodification, looking at the issue of assets the legal system protected from the claims of creditors. It describes how colonial legislatures reformed English law to expand the scope of creditors' remedies against land and slaves. The chapter then considers the way that, prior to 1732, colonial legislatures used debtor–creditor law strategically to advance local interests …
Managing Risk through Property
This chapter investigates the fee tail, or entail, the principal private means by which individuals could shield wealth from creditors. In particular, it examines how the legal device of holding property in fee tail was used in some colonies as a means of designating some forms of property as outside the reach of creditors. Historical scholarship on the fee tail during the colonial period has typically looked backward from the founding era, when …
Conclusion
This concluding chapter explains how the history of the laws and legal institutions underlying the colonial credit economy speaks to the history of American democracy and capitalist society. The rise of representative government was closely connected with the ownership of property — both land and slaves — in the history of the United States. In colonial British America, democracy originated in assemblies of property owners often at odds with the …
Parliamentary Authority over Creditors’ Claims
This chapter describes the history and impact of Parliament's Debt Recovery Act of 1732, which created a legal regime strengthening creditors' remedies against land and slaves throughout the British colonies in America and the West Indies. Parliament enacted the Debt Recovery Act in response to concerns among English creditors that the colonists were defeating their efforts to collect on debts by invoking traditional English legal protections to …
Colonial Land Distribution and the Structure of British Colonial Commerce
This chapter discusses land distribution in the British American colonies. British policy in the Americas was notable for its goal of putting land into cultivation and for offering small parcels of land to immigrants to achieve the goal. The chapter starts by outlining the structure of British colonial government. It goes on to describe the role of the colonies in the broader conception of Great Britain's commerce, and the legal regulation of col…
The Backbone of Credit
This chapter begins by looking at the role of the common pleas courts in colonial credit relations, followed by an examination of the early history of title recording. Historical sources reveal that in most colonies, the adoption of local public title recording was driven both by concerns over convenience and by concerns about fraudulent conveyances — that is, problems arising from a lack of transparency in the purchase and mortgage markets. Most…
Credit Nation
Even before the United States became a country, laws prioritizing access to credit set colonial America apart from the rest of the world. This book examines how the drive to expand credit shaped property laws and legal institutions in the colonial and founding eras of the republic. The book describes how the British Parliament departed from the customary ways that English law protected land and inheritance, enacting laws for the colonies that pri…
Credit Nation
How American colonists laid the foundations of American capitalism with an economy built on creditEven before the United States became a country, laws prioritizing access to credit set colonial America apart from the rest of the world. Credit Nation examines how the drive to expand credit shaped property laws and legal institutions in the colonial and founding eras of the republic.In this major new history of early America, Claire Priest describe…
Enforcing Sympathy
After the United States Civil War, many states enacted laws expanding protections for animals against cruelty. This article examines the case law relating to animal cruelty in the nineteenth century, and traces how judges interpreted the animal cruelty statutes enacted after the Civil War. It provides a lens on a transformative moment when legislatures and courts recognized the suffering of animals as a distinct harm and criminalized the inflicti…
The End of Entail
For historians and property law scholars, the abolition of the fee tail estate in land by many states during the American Revolutionary Period serves as a principal symbol of the power of republican ideology during the Founding Era. Political leaders of the Founding Era deplored the system of hereditary privilege that defined the European aristocratic political order. Property served as the foundation of that order: political, economic, and socia…
Currency Policies and the Nature of Litigation in Colonial New England
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 oppose…
Currency Policies and Legal Development in Colonial New England
AMERICANIZATION, supra) (criticizing Nelson for characterizing colonial law and society as static and consensus-oriented).6.According to Horwitz
Colonial Courts and Secured Credit
Claire Priest, Colonial Courts and Secured Credit: Early American Commercial Litigation and Shays' Rebellion, The Yale Law Journal, Vol. 108, No. 8, Symposium: Moments of Change: Transformation in American Constitutionalism (Jun., 1999), pp. 2413-2450
Currency Policies and Legal Development in Colonial New England
AMERICANIZATION, supra) (criticizing Nelson for characterizing colonial law and society as static and consensus-oriented).6.According to Horwitz
Credit Nation
How American colonists laid the foundations of American capitalism with an economy built on creditEven before the United States became a country, laws prioritizing access to credit set colonial America apart from the rest of the world. Credit Nation examines how the drive to expand credit shaped property laws and legal institutions in the colonial and founding eras of the republic.In this major new history of early America, Claire Priest describe…
The End of Entail
For historians and property law scholars, the abolition of the fee tail estate in land by many states during the American Revolutionary Period serves as a principal symbol of the power of republican ideology during the Founding Era. Political leaders of the Founding Era deplored the system of hereditary privilege that defined the European aristocratic political order. Property served as the foundation of that order: political, economic, and socia…
Colonial Courts and Secured Credit
Claire Priest, Colonial Courts and Secured Credit: Early American Commercial Litigation and Shays' Rebellion, The Yale Law Journal, Vol. 108, No. 8, Symposium: Moments of Change: Transformation in American Constitutionalism (Jun., 1999), pp. 2413-2450
Colonial Courts and Secured Credit
Claire Priest, Colonial Courts and Secured Credit: Early American Commercial Litigation and Shays' Rebellion, The Yale Law Journal, Vol. 108, No. 8, Symposium: Moments of Change: Transformation in American Constitutionalism (Jun., 1999), pp. 2413-2450
Currency Policies and Legal Development in Colonial New England
AMERICANIZATION, supra) (criticizing Nelson for characterizing colonial law and society as static and consensus-oriented).6.According to Horwitz
Currency Policies and the Nature of Litigation in Colonial New England
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 oppose…
The End of Entail
For historians and property law scholars, the abolition of the fee tail estate in land by many states during the American Revolutionary Period serves as a principal symbol of the power of republican ideology during the Founding Era. Political leaders of the Founding Era deplored the system of hereditary privilege that defined the European aristocratic political order. Property served as the foundation of that order: political, economic, and socia…
Enforcing Sympathy
After the United States Civil War, many states enacted laws expanding protections for animals against cruelty. This article examines the case law relating to animal cruelty in the nineteenth century, and traces how judges interpreted the animal cruelty statutes enacted after the Civil War. It provides a lens on a transformative moment when legislatures and courts recognized the suffering of animals as a distinct harm and criminalized the inflicti…
Property and Credit in the Early Republic
This chapter focuses on the federal structure of debtor/creditor law in the founding era. In gaining independence from British rule, the colonists rejected the extractive taxes and trade policies that they felt would suppress economic growth. But independence posed the question of what role the new federal government would play in regulating state legislatures and how much power it would have to standardize state laws on property rights, the cred…
The Stamp Act and Legal and Economic Institutions
The chapter evaluates the Stamp Act and the contrasting visions of the colonial economy and its institutions advanced by the Stamp Act supporters in England and the Stamp Act opponents in the colonies. It focuses on the first colony, Virginia, as an example of events taking place throughout the colonies. The chapter begins by describing how colonial legislatures assumed authority over establishing the level of fees imposed by the county-level ins…
Property, Institutions, and Economic Growth in Colonial America
This chapter places the book's description of how property rights were defined, enforced, and managed in the British American colonies within the economic history literature. As scholars have identified, property rights are central to both political and economic life. The chapter then considers the complexities in making causal claims about the effect of property law and legal institutions in colonial America on economic growth. First, slavery wa…
Property Exemptions and the Abolition of the Fee Tail in the Founding Era
This chapter explores founding era property law and institutions. It discusses the aftermath of Parliament's Debt Recovery Act in state law both relating to creditors' claims and in the law of slavery. Although English abolitionists mounted an attack against the commodification of slaves in the Debt Recovery Act, American Southern states moved closer to full chattel slavery, retaining slaves' liquid features with respect to creditors' claims to p…
English Property Law, the Claims of Creditors, and the Colonial Legal Transformation
This chapter examines the legal doctrines relating to credit markets and commodification, looking at the issue of assets the legal system protected from the claims of creditors. It describes how colonial legislatures reformed English law to expand the scope of creditors' remedies against land and slaves. The chapter then considers the way that, prior to 1732, colonial legislatures used debtor–creditor law strategically to advance local interests …
Managing Risk through Property
This chapter investigates the fee tail, or entail, the principal private means by which individuals could shield wealth from creditors. In particular, it examines how the legal device of holding property in fee tail was used in some colonies as a means of designating some forms of property as outside the reach of creditors. Historical scholarship on the fee tail during the colonial period has typically looked backward from the founding era, when …
Conclusion
This concluding chapter explains how the history of the laws and legal institutions underlying the colonial credit economy speaks to the history of American democracy and capitalist society. The rise of representative government was closely connected with the ownership of property — both land and slaves — in the history of the United States. In colonial British America, democracy originated in assemblies of property owners often at odds with the …
Parliamentary Authority over Creditors’ Claims
This chapter describes the history and impact of Parliament's Debt Recovery Act of 1732, which created a legal regime strengthening creditors' remedies against land and slaves throughout the British colonies in America and the West Indies. Parliament enacted the Debt Recovery Act in response to concerns among English creditors that the colonists were defeating their efforts to collect on debts by invoking traditional English legal protections to …
Colonial Land Distribution and the Structure of British Colonial Commerce
This chapter discusses land distribution in the British American colonies. British policy in the Americas was notable for its goal of putting land into cultivation and for offering small parcels of land to immigrants to achieve the goal. The chapter starts by outlining the structure of British colonial government. It goes on to describe the role of the colonies in the broader conception of Great Britain's commerce, and the legal regulation of col…
The Backbone of Credit
This chapter begins by looking at the role of the common pleas courts in colonial credit relations, followed by an examination of the early history of title recording. Historical sources reveal that in most colonies, the adoption of local public title recording was driven both by concerns over convenience and by concerns about fraudulent conveyances — that is, problems arising from a lack of transparency in the purchase and mortgage markets. Most…
Credit Nation
Even before the United States became a country, laws prioritizing access to credit set colonial America apart from the rest of the world. This book examines how the drive to expand credit shaped property laws and legal institutions in the colonial and founding eras of the republic. The book describes how the British Parliament departed from the customary ways that English law protected land and inheritance, enacting laws for the colonies that pri…
Credit Nation
How American colonists laid the foundations of American capitalism with an economy built on creditEven before the United States became a country, laws prioritizing access to credit set colonial America apart from the rest of the world. Credit Nation examines how the drive to expand credit shaped property laws and legal institutions in the colonial and founding eras of the republic.In this major new history of early America, Claire Priest describe…
Law (16 works) · Political science (16 works) · Economics (14 works) · Colonialism (10 works) · Colonialism, slavery, and trade (10 works) · Historical Economic and Social Studies (10 works) · Politics (9 works) · Business (8 works) · Finance (8 works) · Creditor (7 works)