Privilege and Creative Destruction: The Charles River Bridge Case

Privilege and Creative Destruction: The Charles River Bridge Case by Kutler, Stanley I. I.. paperback edition. ISBN: 9780801839832.

In this now-classic work in legal and constitutional theory, Stanley I. Kutler examines one of the Supreme Courts 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 Courts 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.