The Crisis of Legal Orthodoxy

Author: Morton J. Horwitz

Publisher: Oxford University Press

ISBN: 0190282428

Category: Law

Page: 384

View: 7535

When the first volume of Morton Horwitz's monumental history of American law appeared in 1977, it was universally acclaimed as one of the most significant works ever published in American legal history. The New Republic called it an "extremely valuable book." Library Journal praised it as "brilliant" and "convincing." And Eric Foner, in The New York Review of Books, wrote that "the issues it raises are indispensable for understanding nineteenth-century America." It won the coveted Bancroft Prize in American History and has since become the standard source on American law for the period between 1780 and 1860. Now, Horwitz presents The Transformation of American Law, 1870 to 1960, the long-awaited sequel that brings his sweeping history to completion. In his pathbreaking first volume, Horwitz showed how economic conflicts helped transform law in antebellum America. Here, Horwitz picks up where he left off, tracing the struggle in American law between the entrenched legal orthodoxy and the Progressive movement, which arose in response to ever-increasing social and economic inequality. Horwitz introduces us to the people and events that fueled this contest between the Old Order and the New. We sit in on Lochner v. New York in 1905--where the new thinkers sought to undermine orthodox claims for the autonomy of law--and watch as Progressive thought first crystallized. We meet Oliver Wendell Holmes, Jr. and recognize the influence of his incisive ideas on the transformation of law in America. We witness the culmination of the Progressive challenge to orthodoxy with the emergence of Legal Realism in the 1920s and '30s, a movement closely allied with other intellectual trends of the day. And as postwar events unfold--the rise of totalitarianism abroad, the McCarthyism rampant in our own country, the astonishingly hostile academic reaction to Brown v. Board of Education--we come to understand that, rather than self-destructing as some historians have asserted, the Progressive movement was alive and well and forming the roots of the legal debates that still confront us today. The Progressive legacy that this volume brings to life is an enduring one, one which continues to speak to us eloquently across nearly a century of American life. In telling its story, Horwitz strikes a balance between a traditional interpretation of history on the one hand, and an approach informed by the latest historical theory on the other. Indeed, Horwitz's rich view of American history--as seen from a variety of perspectives--is undertaken in the same spirit as the Progressive attacks on an orthodoxy that believed law an objective, neutral entity. The Transformation of American Law is a book certain to revise past thinking on the origins and evolution of law in our country. For anyone hoping to understand the structure of American law--or of America itself--this volume is indispensable.
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Author: Morton J. HORWITZ

Publisher: Cambridge, Mass. : Harvard University Press

ISBN: N.A

Category: Law

Page: 356

View: 9813

In a remarkable book based on prodigious research, Morton J. Horwitz offers a sweeping overview of the emergence of a national (and modern) legal system from English and colonial antecedents. He treats the evolution of the common law as intellectual history and also demonstrates how the shifting views of private law became a dynamic element in the economic growth of the United States. Horwitz's subtle and sophisticated explanation of societal change begins with the common law, which was intended to provide justice for all. The great breakpoint came after 1790 when the law was slowly transformed to favor economic growth and development. The courts spurred economic competition instead of circumscribing it. This new instrumental law flourished as the legal profession and the mercantile elite forged a mutually beneficial alliance to gain wealth and power. The evolving law of the early republic interacted with political philosophy, Horwitz shows. The doctrine of laissez-faire, long considered the cloak for competition, is here seen as a shield for the newly rich. By the 1840s the overarching reach of the doctrine prevented further distribution of wealth and protected entrenched classes by disallowing the courts very much power to intervene in economic life. This searching interpretation, which connects law and the courts to the real world, will engage historians in a new debate. For to view the law as an engine of vast economic transformation is to challenge in a stunning way previous interpretations of the eras of revolution and reform.
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The Crisis of Legal Orthodoxy

Author: Morton J. Horwitz

Publisher: Oxford University Press, USA

ISBN: N.A

Category: Medical

Page: 361

View: 4346

Presents the long-awaited sequel that brings his sweeping history to completion. In his pathbreaking first volume, Horwitz showed how economic conflicts helped transform law in antebellum America. Here, Horwitz picks up where he left off, tracing the struggle in American law between the entrenched legal orthodoxy and the Progressive movement, which arose in response to ever-increasing social and economic inequality. Horwitz introduces us to the people and events that.
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Socializing Justice in Progressive Era Chicago

Author: Michael Willrich

Publisher: Cambridge University Press

ISBN: 9780521794039

Category: History

Page: 332

View: 7332

This 2003 book looks at contesting concepts of crime, and social justice in nineteenth-century industrial America.
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Author: Bruce Ackerman

Publisher: Yale University Press

ISBN: 0300158068

Category: Law

Page: 314

View: 5475

I am deeply indebted to my research assistant, John Borgo, for an ongoing flow of criticism, as well as to my secretary, Diane McDougal, for typing a steady stream of second thoughts. Their work, as well as mine, was supported in part by the Law and Social Science Division of The National Science Foundation. The Foundation, however, should not be held responsible for the views expressed in this essay.I am also very grateful to my many friends at Yale and elsewhere who helped me with this book. But my debts here are so numerous and diverse as to defy a comprehensive and exact accountin
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The Business Assault on Labor and Liberalism, 1945-60

Author: Elizabeth A. Fones-Wolf

Publisher: University of Illinois Press

ISBN: 9780252064395

Category: Business & Economics

Page: 307

View: 3780

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Author: Sophia Z. Lee

Publisher: Cambridge University Press

ISBN: 1316061191

Category: History

Page: N.A

View: 9496

Today, most Americans lack constitutional rights on the job. Instead of enjoying free speech or privacy, they can be fired for almost any reason or no reason at all. This book uses history to explain why. It takes readers back to the 1930s and 1940s when advocates across the political spectrum - labor leaders, civil rights advocates and conservatives opposed to government regulation - set out to enshrine constitutional rights in the workplace. The book tells their interlocking stories of fighting for constitutional protections for American workers, recovers their surprising successes, explains their ultimate failure, and helps readers assess this outcome.
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Author: Peter Fitzpatrick

Publisher: Routledge

ISBN: 1134890508

Category: Social Science

Page: 256

View: 8863

The Mythology of Modern Law is a radical reappraisal of the role of myth in modern society. Peter Fitzpatrick uses the example of law, as an integral category of modern social thought, to challenge the claims of modernity which deny the relevance of myth to modern society.
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The Origins and Meanings of Postwar Legal Discourse

Author: Jacco Bomhoff

Publisher: Cambridge University Press

ISBN: 1107044413

Category: Law

Page: 280

View: 5876

A comparative and historical account of the origins and meanings of the discourse of judicial 'balancing' in constitutional rights law.
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Author: Morton J. Horwitz

Publisher: Macmillan

ISBN: 9780809016259

Category: Biography & Autobiography

Page: 132

View: 7338

The Hill and Wang Critical Issues Series: concise, affordable works on pivotal topics in American history, society, and politics. The men who made up the Supreme Court when Earl Warren was Chief Justice (1953-69) changed America forever, and their decisions are still affecting constitutional law today. This overview of the Warren Court focuses on its landmark cases and enduring legacy.
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Author: Gregory S. Alexander,Eduardo M. Penalver

Publisher: Oxford University Press

ISBN: 0199749337

Category: Law

Page: 240

View: 6647

Property and Community fills a major gap in the legal literature on property and its relationship to community. The essays included differ from past discussions, including those provided by law-and-economics, by providing richer accounts of community. By and large, prior discussions by property theorists treat communities as agglomerations of individuals and eschew substantive accounts of justice, favoring what Charles Taylor has called "procedural" conceptions. These perspectives on ownership obscure the possibility that the "community" might have a moral status that differs from neighboring owners or from non-owning individuals. This book examines a variety of social practices that implicate community in its relationship to property. These practices range from more obvious property-based communities like Israeli kibbutzim to surprising examples such as queues. Aspects of law and community in relationship to legal and social institutions both inside and outside of the United States are discussed. Alexander and Pe?alver seek to mediate the distance between abstract theory and mundane features of daily life to provide a rich, textured treatment of the relationship between law and community. Instead of defining community in abstractly theoretical terms, they approach the subject through the lens of concrete institutions and social practices. In doing so, they not only enrich our empirical understanding of the relationship between property and community but also provide important insights into the concept of community itself.
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Author: Ernest J Weinrib

Publisher: Oxford University Press

ISBN: 0199665818

Category: Law

Page: 238

View: 5153

This revised edition of The Idea of Private Law makes one of the major works of modern legal theory accessible to a new generation of lawyers and students. It includes a new introduction by the author, looking back at the work, its origins, and its aspirations.
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Welfare, Rights, and American Governance, 1935–1972

Author: Karen M. Tani

Publisher: Cambridge University Press

ISBN: 1107076846

Category: History

Page: 428

View: 849

This book recounts the transformation of American poor relief in the decades spanning the New Deal and the War on Poverty.
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The Life and Work of Axel Hägerström

Author: Patricia Mindus

Publisher: Springer Science & Business Media

ISBN: 9789048128952

Category: Philosophy

Page: 271

View: 7293

This comprehensive presentation of Axel Hägerström (1868-1939) fills a void in nearly a century of literature, providing both the legal and political scholar and the non-expert reader with a proper introduction to the father of Scandinavian realism. Based on his complete work, including unpublished material and personal correspondence selected exclusively from the Uppsala archives, A Real Mind follows the chronological evolution of Hägerström’s intellectual enterprise and offers a full account of his thought. The book summarizes Hägerström’s main arguments while enabling further critical assessment, and tries to answer such questions as: If norms are neither true nor false, how can they be adequately understood on the basis of Hägerström’s theory of knowledge? Did the founder of the Uppsala school uphold emotivism in moral philosophy? What consequences does such a standpoint have in practical philosophy? Is he really the inspiration behind Scandinavian state absolutism?A Real Mind places the complex web of issues addressed by Hägerström within the broader context of 20th century philosophy, stretching from epistemology to ethics. His philosophy of law is examined in the core chapters of the book, with emphasis on the will-theory and the relation between law and power. The narrative is peppered with vignettes from Hägerström’s life, giving an insightful and highly readable portrayal of a thinker who put his imprint on legal theory. The appendix provides a selected bibliography and a brief synopsis of the major events in his life, both private and intellectual.
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Author: Carol Harlow,Richard Rawlings

Publisher: Cambridge University Press

ISBN: 0521197074

Category: Law

Page: 827

View: 8755

Contextualised study setting out the foundations of administrative law, with discussion of case law and legislation to show practical application.
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Author: Anthony Woodiwiss

Publisher: Routledge

ISBN: 1134236638

Category: Political Science

Page: 192

View: 7343

Are human rights part of the problem or part of the solution in the current 'clash of civilizations'? Drawing on a hitherto neglected body of work in classical social theory and combining it with ideas derived from Barrington Moore, Norbert Elias and Michel Foucault, Woodiwiss poses and answers the questions: How did human rights become entangled with power relations? How might the nature of this entanglement be altered so that human rights better serve the global majority? In answering these questions, he explains how and why rights discourse developed in such distinctive ways in four key locations: Britain, the United States, Japan and in the UN. On this basis he provides, for the first time, a general sociological account of the development of international human rights discourse, which represents a striking challenge to current thinking and policy.
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Author: Geoffrey Kabaservice

Publisher: Henry Holt and Company

ISBN: 1466880058

Category: Political Science

Page: 592

View: 7703

How liberalism and one of the most dramatic eras in American history were shaped by an influential university president and his powerful circle of friends Yale's Kingman Brewster was the first and only university president to appear on the covers of Time and Newsweek, and the last of the great campus leaders to become an esteemed national figure. He was also the center of the liberal establishment—a circle of influential men who fought to keep the United States true to ideals and extend the full range of American opportunities to all citizens of every class and color. Using Brewster as his focal point, Geoffrey Kabaservice shows how he and his lifelong friends—Kennedy adviser McGeorge Bundy, Attorney General and statesman Elliot Richardson, New York mayor John Lindsay, Bishop Paul Moore, and Cyrus Vance, pillar of Washington and Wall Street—helped usher this country through the turbulence of the 1960s, creating a legacy that still survives. In a narrative that is as engaging and lively as it is meticulously researched, The Guardians judiciously and convincingly reclaims the importance of Brewster and his generation, illuminating their vital place in American history as the bridge between the old establishment and modern liberalism.
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Author: Thomas H. Cox

Publisher: Ohio University Press

ISBN: 082144333X

Category: History

Page: 264

View: 8163

Gibbons v. Ogden, Law, and Society in the Early Republic examines a landmark decision in American jurisprudence, the first Supreme Court case to deal with the thorny legal issue of interstate commerce. Decided in 1824, Gibbons v. Ogden arose out of litigation between owners of rival steamboat lines over passenger and freight routes between the neighboring states of New York and New Jersey. But what began as a local dispute over the right to ferry the paying public from the New Jersey shore to New York City soon found its way into John Marshall’s court and constitutional history. The case is consistently ranked as one of the twenty most significant Supreme Court decisions and is still taught in constitutional law courses, cited in state and federal cases, and quoted in articles on constitutional, business, and technological history. Gibbons v. Ogden initially attracted enormous public attention because it involved the development of a new and sensational form of technology. To early Americans, steamboats were floating symbols of progress—cheaper and quicker transportation that could bring goods to market and refinement to the backcountry. A product of the rough-and-tumble world of nascent capitalism and legal innovation, the case became a landmark decision that established the supremacy of federal regulation of interstate trade, curtailed states’ rights, and promoted a national market economy. The case has been invoked by prohibitionists, New Dealers, civil rights activists, and social conservatives alike in debates over federal regulation of issues ranging from labor standards to gun control. This lively study fills in the social and political context in which the case was decided—the colorful and fascinating personalities, the entrepreneurial spirit of the early republic, and the technological breakthroughs that brought modernity to the masses.
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Author: Alexander Somek

Publisher: OUP Oxford

ISBN: 0191030929

Category: Law

Page: 320

View: 3975

Originally the constitution was expected to express and channel popular sovereignty. It was the work of freedom, springing from and facilitating collective self-determination. After the Second World War this perspective changed: the modern constitution owes its authority not only to collective authorship, it also must commit itself credibly to human rights. Thus people recede into the background, and the national constitution becomes embedded into one or other system of 'peer review' among nations. This is what Alexander Somek argues is the creation of the cosmopolitan constitution. Reconstructing what he considers to be the three stages in the development of constitutionalism, he argues that the cosmopolitan constitution is not a blueprint for the constitution beyond the nation state, let alone a constitution of the international community; rather, it stands for constitutional law reaching out beyond its national bounds. This cosmopolitan constitution has two faces: the first, political, face reflects the changed circumstances of constitutional authority. It conceives itself as constrained by international human rights protection, firmly committed to combating discrimination on the grounds of nationality, and to embracing strategies for managing its interaction with other sites of authority, such as the United Nations. The second, administrative, face of the cosmopolitan constitution reveals the demise of political authority, which has been traditionally vested in representative bodies. Political processes yield to various, and often informal, strategies of policy co-ordination so long as there are no reasons to fear that the elementary civil rights might be severely interfered with. It represents constitutional authority for an administered world.
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