Privilege and Creative Destruction: The Charles River Bridge Case

by Stanley I. Kutler

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.

208 pages, Paperback

First published January 1, 1971

About the author

A specialist in 19th and 20th century American constitutional history, Stanley Kutler received his B.A. degree in 1956 from Bowling Green State University and his doctorate from Ohio State University in 1960. He taught at Penn State University from 1960 until 1962, San Diego State College from 1962 until 1980, and the University of Wisconsin from 1980 until his retirement.

Reviews

[Deb · Rating 3 out of 5]

That Harvard is Greedy? That nothing in the law is set in stone?