The Transformation of American Law, 1870-1960

The Crisis of Legal Orthodoxy
Author: Morton J. Horwitz
Publisher: Oxford University Press
ISBN: 0190282428
Category: Law
Page: 384
View: 3405

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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.

Conflict and Cooperation

Institutional and Behavioral Economics
Author: A. Allan Schmid
Publisher: John Wiley & Sons
ISBN: 1405142383
Category: Business & Economics
Page: 360
View: 5965

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Allan Schmid’s innovative text, Conflict and Cooperation: Institutional and Behavioral Economics,investigates "the rules of the game," how institutions--both formal and informal--affect these rules, and how these rules are changed to serve competing interests. This text addresses both formal and informal institutions and the impact of alternative institutions, as well as institutional change and evolution. With its broad applications and numerous practice and discussion questions, this book will be appealing not only to students of economics, but also to those studying sociology, law, and political science. Addresses formal and informal institutions, the impact of alternative institutions, and institutional change and evolution. Presents a framework open to changing preferences, bounded rationality, and evolution. Explains how to form empirically testable hypotheses using experiments, case studies, and econometrics. Includes numerous practice and discussion questions.

A Companion to American Legal History


Author: Sally E. Hadden,Alfred L. Brophy
Publisher: John Wiley & Sons
ISBN: 1118533763
Category: History
Page: 600
View: 9693

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A Companion to American Legal History presents a compilation of the most recent writings from leading scholars on American legal history from the colonial era through the late twentieth century. Presents up-to-date research describing the key debates in American legal history Reflects the current state of American legal history research and points readers in the direction of future research Represents an ideal companion for graduate and law students seeking an introduction to the field, the key questions, and future research ideas

Human Rights


Author: Anthony Woodiwiss
Publisher: Routledge
ISBN: 1134236638
Category: Political Science
Page: 192
View: 6337

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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.

The Freedoms We Lost

Consent and Resistance in Revolutionary America
Author: Barbara Smith
Publisher: The New Press
ISBN: 1595585974
Category: History
Page: 288
View: 1869

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The Freedoms We Lost is an ambitious historical analysis of the American revolution that reinterprets the gains and losses experienced by ordinary Americans and challenges the easy narrative that subsumes the growth of “freedom” into the story of the American nation. Esteemed historian Barbara Clark Smith proposes that many ordinary Americans were in fact more free on the eve of Revolution than they were two decades later.

The Common Law in Colonial America

Volume I: The Chesapeake and New England 1607-1660
Author: William E. Nelson
Publisher: Oxford University Press
ISBN: 0199886857
Category: History
Page: 216
View: 2458

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Drawing on groundbreaking and overwhelmingly extensive research into local court records, The Common Law in Colonial America proposes a "new beginning" in the study of colonial legal history, as it charts the course of the common law in Early America, to reveal how the models of law that emerged differed drastically from that of the English common law. In this first volume, Nelson explores how the law of the Chesapeake colonies--Virginia and Maryland--differed from the New England colonies--Massachusetts Bay, Connecticut, New Haven, Plymouth, and Rhode Island--and looks at the differences between the colonial legal systems within the two regions, from their initial settlement until approximately 1660.

Bibliography of Law and Economics


Author: B. Bouckaert,G. de Geest
Publisher: Springer Science & Business Media
ISBN: 9401708932
Category: Law
Page: 667
View: 437

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Law and economics can be considered as the most exciting development in legal scholarship in recent decades. This volume is the first all-encompassing bibliography in this area. It lists approximately 7000 publications, covering the whole area of law and economics, including `old' law and economics (topics such as antitrust law, labor law, tax law, social security, economic regulation, etc.) as well as `new' law and economics with such topics as tort law, contract law, family law, procedure, criminal law, etc.). The volume also includes the literature on the philosophical foundations and the fundamental concepts of the approach. Part Two gives a special survey of law and economics publications in Europe, written in other languages than English. The Bibliography of Law and Economics is an invaluable reference work for students, scholars, lawyers, economists and other people interested in this field.

The Law of Contract 1670–1870


Author: Warren Swain
Publisher: Cambridge University Press
ISBN: 1107040760
Category: Law
Page: 362
View: 3481

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This book considers the development of contract law doctrine in England from 1670 to 1870.

Medical Malpractice in Nineteenth-Century America

Origins and Legacy
Author: Kenneth De Ville
Publisher: NYU Press
ISBN: 0814744168
Category: History
Page: 336
View: 7280

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Highly readable . . . . interdisciplinary history of a high order. -- The Historian Well-written and superbly documented . . . . Both physicians and lawyers will find this book useful and fascinating. -- Journal of the American Medical Association This is the first book-length historical study of medical malpractice in 19th-century America and it is exceedingly well done . . . . The author reveals that, beginning in the 1840s, Americans began to initiate malpractice lawsuits against their physicians and surgeons. Among the reasons for this development were the decline in the belief in divine providence, increased competition between physicians and medical sects, and advances in medical science that led to unrealistically high expectations of the ability of physicians to cure . . . . This book is well written, often entertaining and witty, and is historically accurate, based on the best secondary, as well as primary sources from the time period. Highly recommended. -- Choice Adept at not only traditional historical research but also cultural studies, the author treats the reader to an intriguing discussion of how 19th-century Americans came truly to see their bodies differently . . . . a sophisticated new standard in the field of malpractice history. -- The Journal of the Early Republic By far the best compilation and analysis of early medical malpractice cases I have seen . . . . this excellently crafted study is bound to be of interest to a large number of readers. -- James C. Mohr, author of Abortion in America: The Origins and Evolution of a National Policy

Theologians and Contract Law

The Moral Transformation of the Ius Commune (ca. 1500-1650)
Author: Wim Decock
Publisher: Martinus Nijhoff Publishers
ISBN: 9004232842
Category: Law
Page: 724
View: 1219

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In "Theologians and Contract Law," Wim Decock offers an account of the moral roots of modern contract law. He explains why theologians in the sixteenth and seventeenth centuries built a systematic contract law around the principles of freedom and fairness.

Essays in the History of Canadian Law

Quebec and the Canadas
Author: George Blaine Baker,Donald Fyson
Publisher: University of Toronto Press
ISBN: 1442670061
Category: History
Page: 608
View: 6447

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The essays in this volume deal with the legal history of the Province of Quebec, Upper and Lower Canada, and the Province of Canada between the British conquest of 1759 and confederation of the British North America colonies in 1867. The backbone of the modern Canadian provinces of Ontario and Quebec, this geographic area was unified politically for more than half of the period under consideration. As such, four of the papers are set in the geographic cradle of modern Quebec, four treat nineteenth-century Ontario, and the remaining four deal with the St. Lawrence and Great Lakes watershed as a whole. The authors come from disciplines as diverse as history, socio-legal studies, women’s studies, and law. The majority make substantial use of second-language sources in their essays, which shade into intellectual history, social and family history, regulatory history, and political history.

Modern chivalry in early American law

H.H. Brackenridge's legal thought
Author: Madeline Sapienza
Publisher: Univ Pr of Amer
ISBN: N.A
Category: Biography & Autobiography
Page: 165
View: 1463

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This work contains the legal contributions and observations of Hugh Henry Brackenridge, Pennsylvania Supreme Court judge, teacher, preacher, publisher, gazetteer, lawyer, and fiction writer who reached the pinnacle of his career during the Jeffersonian era. Brackenridge's body of legal thought is juxtaposed with the published lectures of James Wilson, the commentaries on Blackstone by St. George Tucker, and selections from The Federalist Papers. Contents: Modern Chivalry: The Early Books; Modern Chivalry: The Later Books; Overview of Law Miscellanies; Selected State Supreme Court Cases; Concluding Thoughts.

Supreme Court Justice Joseph Story

Statesman of the Old Republic
Author: R. Kent Newmyer
Publisher: Univ of North Carolina Press
ISBN: 0807864021
Category: Biography & Autobiography
Page: 512
View: 378

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The primary founder and guiding spirit of the Harvard Law School and the most prolific publicist of the nineteenth century, Story served as a member of the U.S. Supreme Court from 1811 to 1845. His attitudes and goals as lawyer, politician, judge, and legal educator were founded on the republican values generated by the American Revolution. Story's greatest objective was to fashion a national jurisprudence that would carry the American people into the modern age without losing those values.

The Transformation of Aristotelian Political Epistemology in Eighteenth-century American Constitutional Discourse


Author: Tomislav Han
Publisher: Edwin Mellen Press
ISBN: 9780773467712
Category: Philosophy
Page: 293
View: 5722

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What is the pursuit of happiness? This is one of the central questions addressed in this work. It examines the extensive ideological genealogy of the concept, whose roots are firmly grounded in Aristotelian political science.

Dominion and Wealth

A Critical Analysis of Karl Marx’ Theory of Commercial Law
Author: D.C. Kline
Publisher: Springer Science & Business Media
ISBN: 9400938772
Category: Philosophy
Page: 250
View: 6847

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Donna Kline's contribution to the Sovietica series falls outside the strict confines of the study of Soviet Marxism-Leninism. It centers its attention on the seemingly minor question of Marx' knowledge of and attitude toward the legal theory and practice in vogue at the time he was writing studies that directly addressed issues of law and economics, and that indirectly helped to fashion the legal and economic behavior of Soviet-style regimes. That this question is not as minor or as irrelevant to Marxism-Leninism as it might seem at fIrst glance flows from Marx' obvious intent to do a thorough critique of all the vectors of 'bourgeois-capitalist' civilization and culture, clearly expressed in the many key texts, where 'legal relations' form at least part of the central focus. Marx' thought was forming when the 'bourgeois' law that had become self-conscious at the end of the 18th century was, following the French Revolution, trying to 'take possession' of the social-political consciousness of European-American culture, and fInding itself coming up against the 'vagaries' of economic quasi-anarchy. There is a sense in which the 'bourgeois-capitalist' efforts at developing a legal code for existing economic practice represent a sort of 'ideology in practice' to be applied to the same phenomena that Marx wanted to account for in his peculiarly Hegelian ideological critique.

Social Theory

Its Origins, History, and Contemporary Relevance
Author: Daniel W. Rossides
Publisher: Rowman & Littlefield
ISBN: 9781882289509
Category: Social Science
Page: 389
View: 618

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Social Theory: Its Origins, History, and Contemporary Relevance analyzes the tradition of social theory in terms of its origins and changes in kind of societies. Rossides provides a full discussion of the sociohistorical environments that generated Western social theory with a focus on the contemporary modern world. While employing a sociology of knowledge approach that identifies theories as aristocratic versus democratic, liberal versus socialist and also liberal feminist versus radical feminist; it attempts to construct a scientific, unified social theory in the West. Additionally, it also features African American theory, American culture studies, political and legal philosophy, and environmental theory.

Please Don't Wish Me a Merry Christmas

A Critical History of the Separation of Church and State
Author: Stephen M. Feldman
Publisher: NYU Press
ISBN: 0814728855
Category: Law
Page: 408
View: 4415

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Whether in the form of Christmas trees in town squares or prayer in school, fierce disputes over the separation of church and state have long bedeviled this country. Both decried and celebrated, this principle is considered by many, for right or wrong, a defining aspect of American national identity. Nearly all discussions regarding the role of religion in American life build on two dominant assumptions: first, the separation of church and state is a constitutional principle that promotes democracy and equally protects the religious freedom of all Americans, especially religious outgroups; and second, this principle emerges as a uniquely American contribution to political theory. In Please Don't Wish Me a Merry Christmas, Stephen M. Feldman challenges both these assumptions. He argues that the separation of church and state primarily manifests and reinforces Christian domination in American society. Furthermore, Feldman reveals that the separation of church and state did not first arise in the United States. Rather, it has slowly evolved as a political and religious development through western history, beginning with the initial appearance of Christianity as it contentiously separated from Judaism. In tracing the historical roots of the separation of church and state within the Western world, Feldman begins with the Roman Empire and names Augustine as the first political theorist to suggest the idea. Feldman next examines how the roles of church and state variously merged and divided throughout history, during the Crusades, the Italian Renaissance, the Protestant Reformation, the British Civil War and Restoration, the early North American colonies, nineteenth-century America, and up to the present day. In challenging the dominant story of the separation of church and state, Feldman interprets the development of Christian social power vis--vis the state and religious minorities, particularly the prototypical religious outgroup, Jews.