The Opening of American Law

Neoclassical Legal Thought, 1870-1970

Author: Herbert Hovenkamp

Publisher: Oxford University Press, USA

ISBN: 0199331308

Category: Law

Page: 460

View: 7107

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Two late Victorian ideas disrupted American legal thought: the Darwinian theory of evolution and marginalist economics. The legal thought that emerged can be called 'neoclassical', because it embodied ideas that were radically new while retaining many elements of what had gone before. Although Darwinian social science was developed earlier, in most legal disciplines outside of criminal law and race theory marginalist approaches came to dominate. This book carries these themes through a variety of legal subjects in both public and private law.
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The Jurisprudence of Style

A Structuralist History of American Pragmatism and Liberal Legal Thought

Author: Justin Desautels-Stein

Publisher: Cambridge University Press

ISBN: 1107156653

Category: History

Page: 332

View: 4846

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Offers a structuralist critique of the relationship between pragmatism and liberalism in American legal thought.
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Democracy Against Domination

Author: K. Sabeel Rahman

Publisher: Oxford University Press

ISBN: 0190468548

Category: Political Science

Page: 320

View: 2706

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In 2008, the collapse of the US financial system plunged the economy into the worst economic downturn since the Great Depression. In its aftermath, the financial crisis pushed to the forefront fundamental moral and institutional questions about how we govern the modern economy. What are the values that economic policy ought to prioritize? What institutions do we trust to govern complex economic dynamics? Much of popular and academic debate revolves around two competing approaches to these fundamental questions: laissez-faire defenses of self-correcting and welfare-enhancing markets on the one hand, and managerialist turns to the role of insulated, expert regulation in mitigating risks and promoting growth on the other. In Democracy Against Domination, K. Sabeel Rahman offers an alternative vision for how we should govern the modern economy in a democratic society. Drawing on a rich tradition of economic reform rooted in the thought and reform politics of early twentieth century progressives like John Dewey and Louis Brandeis, Rahman argues that the fundamental moral challenge of economic governance today is two-fold: first, to counteract the threats of economic domination whether in the form of corporate power or inequitable markets; and second, to do so by expanding the capacity of citizens themselves to exercise real political power in economic policymaking. This normative framework in turn suggests a very different way of understanding and addressing major economic governance issues of the post-crisis era, from the challenge of too-big-to-fail financial firms, to the dangers of regulatory capture and regulatory reform. Synthesizing a range of insights from history to political theory to public policy, Democracy Against Domination offers an exciting reinterpretation of progressive economic thought; a fresh normative approach to democratic theory; and an urgent hope for realizing a more equitable and democratically accountable economy through practical reforms in our policies and regulatory institutions.
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The Federal Courts

An Essential History

Author: Peter Charles Hoffer,N. E. H. Hull

Publisher: Oxford University Press

ISBN: 0199387907

Category: Courts

Page: 560

View: 3654

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There are moments in American history when all eyes are focused on a federal court: when its bench speaks for millions of Americans, and when its decision changes the course of history. More often, the story of the federal judiciary is simply a tale of hard work: of finding order in the chaotic system of state and federal law, local custom, and contentious lawyering. The Federal Courts is a story of all of these courts and the judges and justices who served on them, of the case law they made, and of the acts of Congress and the administrative organs that shaped the courts. But, even more importantly, this is a story of the courts' development and their vital part in America's history. Peter Charles Hoffer, Williamjames Hull Hoffer, and N. E. H. Hull's retelling of that history is framed the three key features that shape the federal courts' narrative: the separation of powers; the federal system, in which both the national and state governments are sovereign; and the widest circle: the democratic-republican framework of American self-government. The federal judiciary is not elective and its principal judges serve during good behavior rather than at the pleasure of Congress, the President, or the electorate. But the independence that lifetime tenure theoretically confers did not and does not isolate the judiciary from political currents, partisan quarrels, and public opinion. Many vital political issues came to the federal courts, and the courts' decisions in turn shaped American politics. The federal courts, while the least democratic branch in theory, have proved in some ways and at various times to be the most democratic: open to ordinary people seeking redress, for example. Litigation in the federal courts reflects the changing aspirations and values of America's many peoples. The Federal Courts is an essential account of the branch that provides what Massachusetts Supreme Judicial Court Judge Oliver Wendell Homes Jr. called "a magic mirror, wherein we see reflected our own lives."
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America, History and Life

Author: Eric H. Boehm

Publisher: N.A

ISBN: N.A

Category: United States

Page: N.A

View: 6660

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Provides historical coverage of the United States and Canada from prehistory to the present. Includes information abstracted from over 2,000 journals published worldwide.
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