ABSTRACT

Since the 1970s, Lawrence M. Friedman of the Wisconsin School and the left-wing liberalist William E. Nelson started to elaborate on the rule of private law in great detail. Nevertheless, it was The Transformation of American Law, 1780–1860 by Horwitz that initially centered on the history of private law. The development of the legal systems can only be fully unveiled by the history of private laws; moreover, the research must emphasize the state law, common law, and judicial precedents on civil and economic cases. American law, cooperating with the development of the economy, had modernized in the middle of the 19th century, and at this time legal formalism emerged. The non-political and objective function of jurists received unparalleled attention, and a solid foundation of self-management of the profession has subsequently been laid. Upper-class jurists catered to industrial and commercial needs, probably with the intention of permeating basic levels through business guides.