The Transformation Of American Law 1870 1960
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The Transformation Of American Law 1870 1960
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Author : Morton J. Horwitz
language : en
Publisher: Oxford University Press
Release Date : 1994-12-15
The Transformation Of American Law 1870 1960 written by Morton J. Horwitz and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994-12-15 with Law categories.
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.
The Transformation Of American Law 1780 1860
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Author : Morton J. HORWITZ
language : en
Publisher: Harvard University Press
Release Date : 2009-06-30
The Transformation Of American Law 1780 1860 written by Morton J. HORWITZ and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-30 with Law categories.
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.
The Transformation Of American Law 1780 1860
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Author : Morton J. Horwitz
language : en
Publisher: Harvard University Press
Release Date : 1977
The Transformation Of American Law 1780 1860 written by Morton J. Horwitz and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1977 with History categories.
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.
Law Society And History
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Author : Robert W. Gordon
language : en
Publisher: Cambridge University Press
Release Date : 2011-03-07
Law Society And History written by Robert W. Gordon and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-07 with Law categories.
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.
International Law In The Long Nineteenth Century 1776 1914
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Author : Inge Van Hulle
language : en
Publisher: BRILL
Release Date : 2019-09-16
International Law In The Long Nineteenth Century 1776 1914 written by Inge Van Hulle and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-16 with Law categories.
International Law in the Long Nineteenth Century gathers ten studies that reflect the ever-growing variety of themes and approaches that scholars from different disciplines bring to the historiography of international law in the period.
Shifting The Burden
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Author : Cathie J. Martin
language : en
Publisher: University of Chicago Press
Release Date : 1991-07-09
Shifting The Burden written by Cathie J. Martin and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991-07-09 with Business & Economics categories.
Since World War II, the corporate tax burden has, overall, decreased enormously as a percentage of the government's total revenue. Until now, however, no explanation of this phenomenon has accounted for the periodic reforms—such as the dramatic 1986 Tax Reform Act—which significantly increase some corporate taxes. Remarkably accessible and rich in historical evidence, Shifting the Burden is the most compelling explanation to date of how our nation's tax policy is formulated. Cathie J. Martin shows how presidents' cultivation of allies within the business community and struggles within that community itself combine to shape tax policy.
Bending Toward Justice
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Author : Gary May
language : en
Publisher: Hachette UK
Release Date : 2013-04-09
Bending Toward Justice written by Gary May and has been published by Hachette UK this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-09 with History categories.
When the Fifteenth Amendment of 1870 granted African Americans the right to vote, it seemed as if a new era of political equality was at hand. Before long, however, white segregationists across the South counterattacked, driving their black countrymen from the polls through a combination of sheer terror and insidious devices such as complex literacy tests and expensive poll taxes. Most African Americans would remain voiceless for nearly a century more, citizens in name only until the passage of the 1965 Voting Rights Act secured their access to the ballot. In Bending Toward Justice, celebrated historian Gary May describes how black voters overcame centuries of bigotry to secure and preserve one of their most important rights as American citizens. The struggle that culminated in the passage of the Voting Rights Act was long and torturous, and only succeeded because of the courageous work of local freedom fighters and national civil rights leaders -- as well as, ironically, the opposition of Southern segregationists and law enforcement officials, who won public sympathy for the voting rights movement by brutally attacking peaceful demonstrators. But while the Voting Rights Act represented an unqualified victory over such forces of hate, May explains that its achievements remain in jeopardy. Many argue that the 2008 election of President Barack Obama rendered the act obsolete, yet recent years have seen renewed efforts to curb voting rights and deny minorities the act's hard-won protections. Legal challenges to key sections of the act may soon lead the Supreme Court to declare those protections unconstitutional. A vivid, fast-paced history of this landmark piece of civil rights legislation, Bending Toward Justice offers a dramatic, timely account of the struggle that finally won African Americans the ballot -- although, as May shows, the fight for voting rights is by no means over.
The Growth Of American Law
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Author : James Willard Hurst
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2007
The Growth Of American Law written by James Willard Hurst and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with History categories.
The Warren Court And The Democratic Constitution
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Author : Morton J. Horwitz
language : en
Publisher:
Release Date : 2024
The Warren Court And The Democratic Constitution written by Morton J. Horwitz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024 with Civil rights categories.
"Earl Warren, who had previously been attorney general and governor of California, served as Chief Justice of the Supreme Court from 1953 to 1969. The Warren Court made a huge number of historically important decisions, including on racial segregation (Brown v Board of Education); anti-miscegenation laws (Loving v Virginia); the right to privacy (Giswold v Connecticut); and the reading of an equal protection clause in the Fifth Amendment (Bolling v Sharpe). The decision in Brown v. Board of Education, which exerted a powerful influence on the agenda of the Court during the entire sixteen years of its existence, reshaped almost every subject area in constitutional law. At its most direct, Brown inspired a more active reading of the Equal Protection Clause, which was soon applied to legislative apportionment as well as to a broadened recognition of the rights of "outsiders" (e.g., aliens and out of wedlock children ) and initiated a new era of legal attacks on gender discrimination. Howritz arges that Brown also introduced radical change in traditional jurisprudential ideas. The idea of a "living constitution" (meaning that the constitution ought to develop to accommodate social change) was perhaps the most important idea institutionalized by the Warren Court. The Warren Court also introduced the idea that democracy was a foundational value in interpreting the Constitution. This book is attended for readers interested in the history of the Supreme Court and the profound impact of the Warren Court on many areas of modern American government and society"--
Political Theories Of The Middle Age
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Author : Otto von Gierke
language : en
Publisher: Jazzybee Verlag
Release Date : 2020
Political Theories Of The Middle Age written by Otto von Gierke and has been published by Jazzybee Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Political Science categories.
This excellent book is a translation of a very small portion of Dr. Gierke’s “ Deutsches Genossenschaftsrecht, " being the section entitled “ Die Publizistischen Lehren des Mittelalters. ” Its ten chapters treat of the following questions : The evolution of political theory under the diverse influences of ancient philosophy and law, medieval theology, local custom; Macrocosm and microcosm, i.e., the relation of the whole of society to its parts and vice versa from the medieval viewpoint; unity in Church and State, wherein are discussed the warring positions of parties in both, evolved by the length of the contest between the papacy and the empire; the idea of organization, i.e., of society as an organism; the idea of monarchy, its derivation from God, its consequent relations with the plenitudo potestatis of the papacy; the idea of popular sovereignty, its conflicts and combinations with the ruler's sovereignty, first in the temporal sphere, second, analogous developments of the idea as applied to the government of the Church, somewhat painfully brought out by the conciliar movement; the idea of representation; the idea of personality, i.e., of justice or legal personality applied to the Church and State or to minor corporations; the relation of the state to the law, natural and positive; the beginnings of the modern state, i.e., those elements in medieval doctrine that led up to the modern idea of the state. One half of the book is devoted to notes that elucidate the text of the cited authorities, a long list of which, both ancient and modern, is given. The mere enumeration of the titles of the chapters and the fact that the translation has been undertaken by so eminent a legal historian as Mr. Maitland are a warrant that the work is important, even for those who are not disposed to accept Dr. Gierke's views on faith. English - speaking readers in general must find it interesting, accustomed as they are to look on medieval thought as mere idle speculation of the logicians; as if political theories did not then, as now, agitate men's minds and lay the foundations for much of those political blessings that we now enjoy, or think we do. To a close observer of the development of government in the Catholic Church some portions will be, not merely interesting, but absorbing. They may even be instructive, though at the sacrifice of some preconceptions.