The Transformation of American Law, 1780–1860

Author: Morton J. HORWITZ

Publisher: Harvard University Press

ISBN: 9780674903715

Category: Law

Page: 356

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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 Transformation of American Law, 1870-1960

The Crisis of Legal Orthodoxy

Author: Morton J. Horwitz

Publisher: Oxford University Press

ISBN: 9780199729081

Category: Law

Page: 384

View: 3368

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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.
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Law, Society, and History

Themes in the Legal Sociology and Legal History of Lawrence M. Friedman

Author: Robert W. Gordon,Morton J. Horwitz

Publisher: Cambridge University Press

ISBN: 1139498126

Category: Law

Page: N.A

View: 3691

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This book assembles essays on legal sociology and legal history by an international group of distinguished scholars. All of them have been influenced by the eminent and prolific legal historian, legal sociologist and scholar of comparative law, Lawrence M. Friedman. Not just a Festschrift of essays by colleagues and disciples, this volume presents a sustained examination and application of Friedman's ideas and methods. Together, the essays in this volume show the powerful ripple effects of Friedman's work on American and comparative legal sociology, American and comparative legal history and the general sociology of law and legal change.
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A Companion to American Legal History

Author: Sally E. Hadden,Alfred L. Brophy

Publisher: John Wiley & Sons

ISBN: 1118533763

Category: History

Page: 600

View: 6804

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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
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Conflict and Cooperation

Institutional and Behavioral Economics

Author: A. Allan Schmid

Publisher: John Wiley & Sons

ISBN: 1405142383

Category: Business & Economics

Page: 360

View: 6844

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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.
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Human Rights

Author: Anthony Woodiwiss

Publisher: Routledge

ISBN: 1134236638

Category: Political Science

Page: 192

View: 7818

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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.
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Bibliography of Law and Economics

Author: B. Bouckaert,G. de Geest

Publisher: Springer Science & Business Media

ISBN: 9401708932

Category: Law

Page: 667

View: 3355

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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.
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The Freedoms We Lost

Consent and Resistance in Revolutionary America

Author: Barbara Clark Smith

Publisher: The New Press

ISBN: 1595585974

Category: Political Science

Page: 288

View: 8694

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A brilliant and original examination of American freedom as it existed before the Revolution, from the Smithsonian’s curator of social history. The American Revolution is widely understood—by schoolchildren and citizens alike—as having ushered in “freedom” as we know it, a freedom that places voting at the center of American democracy. In a sharp break from this view, historian Barbara Clark Smith charts the largely unknown territory of the unique freedoms enjoyed by colonial American subjects of the British king—that is, American freedom before the Revolution. The Freedoms We Lost recovers a world of common people regularly serving on juries, joining crowds that enforced (or opposed) the king’s edicts, and supplying community enforcement of laws in an era when there were no professional police. The Freedoms We Lost challenges the unquestioned assumption that the American patriots simply introduced freedom where the king had once reigned. Rather, Smith shows that they relied on colonial-era traditions of political participation to drive the Revolution forward—and eventually, betrayed these same traditions as leading patriots gravitated toward “monied men” and elites who would limit the role of common men in the new democracy. By the end of the 1780s, she shows, Americans discovered that forms of participation once proper to subjects of Britain were inappropriate—even impermissible—to citizens of the United States. In a narrative that counters nearly every textbook account of America’s founding era, The Freedoms We Lost challenges us to think about what it means to be free.
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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: 1260

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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.
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