Voluntary Associations, Corporate Rights, and the State: Legal Constraints on the Development of American Civil Society, 1750-1900

Working Paper: NBER ID: w21153

Authors: Ruth H. Bloch; Naomi R. Lamoreaux

Abstract: The freedom of citizens to form voluntary associations has long been viewed as an essential ingredient of modern civil society. Our chapter revises the standard Tocquevillian account of associational freedom in the early United States by accentuating the role of state courts and legislatures in the creation and regulation of nineteenth-century American nonprofit corporations. Corporate status gave associations valuable rights that went beyond the basic right of individuals to associate. Government officials selectively used their power to grant and enforce corporate charters to reward politically favored groups while denying equivalent rights to groups they viewed as politically or socially disruptive.

Keywords: voluntary associations; corporate rights; state intervention; civil society; 19th century

JEL Codes: N11


Causal Claims Network Graph

Edges that are evidenced by causal inference methods are in orange, and the rest are in light blue.


Causal Claims

CauseEffect
state power (P26)corporate rights for noncontroversial groups (L39)
state power (P26)corporate rights for politically controversial groups (G38)
political bias in state legislation (D72)legal standing of different types of associations (L39)
judicial interpretations (K40)rights for certain groups (K38)

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