Was The Age Of Jackson The Era Of The Common Man Analysis
Was the “Age of Jackson” truly the “Era of the Common Man?” This depends on your point of view. When viewing the ruling brought down from the courts during this time, not all of the common man benefited. The courts during the colonial period protected the individual not the community in their decisions. For example, when a new mill dam on a stream flooded neighboring fields, the courts intervened to protect the injured parties.
During contract disputes, the courts ensured …show more content…
Also, the indebtedness laws deterred risky business ventures, where the borrower bore full responsibility to repay the debt or risk imprisonment. During the early nineteenth century a shift was occurring in the law of protecting individual’s property. The protection of community interest and the economy became prevalent versus the protection of the individual. “More and more they assessed community interest – what Supreme Court Justice Joseph Story in 1827 called the “public convenience and general good” – in terms not of preservation but of development, reasoning frankly that the law should encourage new ventures in trade, manufacturing, and transportation. Courts come to see competition not as a danger to be suppressed or curtailed, but as a social boon, an arm of the improving spirit of the age; and they showed a willingness to bend old legal rules to foster it.” In the three examples mentioned above, if a new mill flooded the surrounding fields the courts sided with the mill owner not the affected farmers, stating “the public, whose advantage is always to be regarded, would be deprived of the benefit