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constitutional precepts, and procedural forms, and judged legislative activities thereby. In using law to regulate behavior and shape the environment during a period of transition from pioneer, agricultural to urban, industrialized America, the courts applied an individualist ideal of society, favourable to private individual and group liberty, with rare exceptions. This, 15 Haar, The Golden Age of American Law, 200. 16Pound, The Formative Era of American Law, 144, 151. That one was Louisiana. 17 Ibid., 105, 108.

The sovereign people, minority rights and state judiciaries : an historical study of Tocqueville's majoritarian thesis