Privilege and Creative Destruction

Download or read book Privilege and Creative Destruction written by Stanley I. Kutler and published by Johns Hopkins University Press. This book was released on 1989-12-01 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.