Jusletter

The aim of this paper is to show that the Civil Code for New York, written by David Dudley Field in 1865, was not enacted because of the institutional setting at the time. Following the theory of Institutional Economics by John R. Commons and Douglass C. North, there will be shown, with an institutional comparative analysis that the historical, social and economic backgrounds did not allow a Civil Code to become law in the common law society of New York. There will be taken a look at the historical background of New York and California and explained why the New York Civil Code did not have a chance to be enacted in New York, but did so in California. Also, attention will be given to the social and power structures of New York and California in the middle of the 19th century and the position of the lawyers. Consequently it will be shown how important the historical and social background is for the evolution of law in a society.