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Freedom Bound: Law, Labor, And Civic Identity In Colonizing English America, 1580–1865. By Christopher Tomlins. Cambridge: Cambridge University Press, 2010. Pp. Xvi, 617. $115.00, Cloth; $36.99, Paper., Joshua L. Rosenbloom
Joshua L. Rosenbloom
For proponents of institutional economics, laws are one of the humanly devised constraints that structure human interactions. Like other formal and informal constraints, they define the incentive structure of societies and economies. In Freedom Bound, Christopher Tomlins subtly shifts the emphasis, suggesting that we think of laws not simply as constraints but as a “technology” that provides “. . . a means by which designs, structures, institutions might be imagined, created, implemented, andimplanted” (p. 506). Viewed as technology, legal thought is both a tool enabling action and a constraint, channeling that action in specific directions.