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1997

Boston College Law School Faculty Papers

Common law

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Full-Text Articles in Legal History

The Origin Of The Appeal In America, Mary Sarah Bilder Jul 1997

The Origin Of The Appeal In America, Mary Sarah Bilder

Boston College Law School Faculty Papers

The appeal has been treated by academics as a mere legal procedure, possessing no particular significance. Indeed, for many years, legal scholars accepted the influential arguments of Professors Julius Goebel and Roscoe Pound that the appearance of the appeal in early American courts arose either from confusion about English common law legal procedures or was the result of colonial adaptation of English justice-of-the-peace practices. Professor Bilder challenges this conventional explanation of the origin of the appeal by locating the early American colonists within a transatlantic Western European legal culture. Professor Bilder's Article draws on recent work in cultural history ...