Download or read book The Transformation of American Law 1870 1960 written by Morton J. Horwitz and published by Oxford University Press. This book was released on 1994-12-15 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Transformation of American Law 1780 1860 written by Morton J. HORWITZ and published by Harvard University Press. This book was released on 2009-06-30 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Transformation of American Law 1780 1860 written by Morton J. Horwitz and published by Harvard University Press. This book was released on 1977 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book City of Courts written by Michael Willrich and published by Cambridge University Press. This book was released on 2003-03-17 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2003 book looks at contesting concepts of crime, and social justice in nineteenth-century industrial America.

Download or read book Bending Toward Justice written by Gary May and published by . This book was released on 2013-04-09 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Celebrated historian May describes how activists surmounted long-standing obstacles for the African-American vote, overcoming centuries of bigotry to secure--and preserve--the right of black citizens to full participation in American democracy in a vivid narrative history.

Download or read book The Warren Court and the Pursuit of Justice written by Morton J. Horwitz and published by Macmillan. This book was released on 1999-04-30 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of the Supreme Court under the leadership of Chief Justice Earl Warren, from 1953 to 1969, discussing the impact of the liberal court's civil rights and civil liberties decisions on American constitutional law.

Download or read book American Law in the Twentieth Century written by Lawrence Meir Friedman and published by Yale University Press. This book was released on 2004-01-01 with total page 1468 pages. Available in PDF, EPUB and Kindle. Book excerpt: American law in the twentieth century describes the explosion of law over the past century into almost every aspect of American life. Since 1900 the center of legal gravity in the United States has shifted from the state to the federal government, with the creation of agencies and programs ranging from Social Security to the Securities Exchange Commission to the Food and Drug Administration. Major demographic changes have spurred legal developments in such areas as family law and immigration law. Dramatic advances in technology have placed new demands on the legal system in fields ranging from automobile regulation to intellectual property. Throughout the book, Friedman focuses on the social context of American law. He explores the extent to which transformations in the legal order have resulted from the social upheavals of the twentieth century--including two world wars, the Great Depression, the civil rights movement, and the sexual revolution. Friedman also discusses the international context of American law: what has the American legal system drawn from other countries? And in an age of global dominance, what impact has the American legal system had abroad? This engrossing book chronicles a century of revolutionary change within a legal system that has come to affect us all.

Download or read book International Law in the Long Nineteenth Century 1776 1914 written by Inge Van Hulle and published by BRILL. This book was released on 2019-09-16 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Imperfect Alternatives written by Neil K. Komesar and published by University of Chicago Press. This book was released on 1997-01-15 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Major approaches to law and public policy, ranging from law and economics to the fundamental rights approach to constitutional law, are based on the belief that the identification of the correct social goals or values is the key to describing or prescribing law and public policy outcomes. In this book, Neil Komesar argues that this emphasis on goal choice ignores an essential element—institutional choice. Indeed, as important as determining our social goals is deciding which institution is best equipped to implement them—the market, the political process, or the adjucative process. Pointing out that all three institutions are massive, complex, and imperfect, Komesar develops a strategy for comparative institutional analysis that assesses variations in institutional ability. He then powerfully demonstrates the value of this analytical framework by using it to examine important contemporary issues ranging from tort reform to constitution-making.

Download or read book Law s History written by David M. Rabban and published by Cambridge University Press. This book was released on 2013 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a study of the central role of history in late-nineteenth century American legal thought. In the decades following the Civil War, the founding generation of professional legal scholars in the United States drew from the evolutionary social thought that pervaded Western intellectual life on both sides of the Atlantic. Their historical analysis of law as an inductive science rejected deductive theories and supported moderate legal reform, conclusions that challenge conventional accounts of legal formalism Unprecedented in its coverage and its innovative conclusions about major American legal thinkers from the Civil War to the present, the book combines transatlantic intellectual history, legal history, the history of legal thought, historiography, jurisprudence, constitutional theory, and the history of higher education.

Download or read book Rivalry and Reform written by Sidney M. Milkis and published by University of Chicago Press. This book was released on 2019-01-25 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few relationships have proved more pivotal in changing the course of American politics than those between presidents and social movements. For all their differences, both presidents and social movements are driven by a desire to recast the political system, often pursuing rival agendas that set them on a collision course. Even when their interests converge, these two actors often compete to control the timing and conditions of political change. During rare historical moments, however, presidents and social movements forged partnerships that profoundly recast American politics. Rivalry and Reform explores the relationship between presidents and social movements throughout history and into the present day, revealing the patterns that emerge from the epic battles and uneasy partnerships that have profoundly shaped reform. Through a series of case studies, including Abraham Lincoln and abolitionism, Lyndon Johnson and the civil rights movement, and Ronald Reagan and the religious right, Sidney M. Milkis and Daniel J. Tichenor argue persuasively that major political change usually reflects neither a top-down nor bottom-up strategy but a crucial interplay between the two. Savvy leaders, the authors show, use social movements to support their policy goals. At the same time, the most successful social movements target the president as either a source of powerful support or the center of opposition. The book concludes with a consideration of Barack Obama’s approach to contemporary social movements such as Black Lives Matter, United We Dream, and Marriage Equality.

Download or read book The Warren Court and the Democratic Constitution written by Morton J. Horwitz and published by Georgetown University Press. This book was released on 2024-10-01 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A timely history of the profound impact of Earl Warren's Supreme Court on many areas of modern American government and society From 1953 to 1969, Earl Warren served as chief justice of the US Supreme Court. During that time, the Warren Court made a number of historically important decisions involving anti-miscegenation laws (Loving v. Virginia), the right to privacy (Griswold v. Connecticut), and, perhaps most important, racial segregation (Brown v. Board of Education). In The Warren Court and Democratic Constitution, Horwitz highlights the radical shift in traditional jurisprudential ideas that occurred during Earl Warren's tenure as chief justice. He details how Brown v. Board of Education exerted a powerful influence on the agenda of the Warren Court and reshaped almost every subject area in constitutional law. With this decision, the concept of a "living Constitution," the idea that the Constitution ought to develop to accommodate social change, emerged and was institutionalized by the Court. Brown inspired a more active reading of the Equal Protection Clause, and the Court soon applied this expanded notion of "equal protection" to legislative apportionment, recognized the rights of supposed "outsiders" (e.g., undocumented peoples and children born out of wedlock), and initiated a new era of legal attacks on gender discrimination. The Warren Court's jurisprudence is radically opposed to the current Supreme Court's emphasis on originalism, the approach of interpreting the Constitution according to its meaning at the time of writing. Readers interested in an alternative to originalism, as well as Supreme Court history and civil rights, will gain a deeper understanding of the profound impact of the Warren Court on many areas of modern American government and society.

Download or read book All Judges Are Political Except When They Are Not written by Keith Bybee and published by Stanford University Press. This book was released on 2010-08-24 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in an age where one person's judicial "activist" legislating from the bench is another's impartial arbiter fairly interpreting the law. After the Supreme Court ended the 2000 Presidential election with its decision in Bush v. Gore, many critics claimed that the justices had simply voted their political preferences. But Justice Clarence Thomas, among many others, disagreed and insisted that the Court had acted according to legal principle, stating: "I plead with you, that, whatever you do, don't try to apply the rules of the political world to this institution; they do not apply." The legitimacy of our courts rests on their capacity to give broadly acceptable answers to controversial questions. Yet Americans are divided in their beliefs about whether our courts operate on unbiased legal principle or political interest. Comparing law to the practice of common courtesy, Keith Bybee explains how our courts not only survive under these suspicions of hypocrisy, but actually depend on them. Law, like courtesy, furnishes a means of getting along. It frames disputes in collectively acceptable ways, and it is a habitual practice, drummed into the minds of citizens by popular culture and formal institutions. The rule of law, thus, is neither particularly fair nor free of paradoxical tensions, but it endures. Although pervasive public skepticism raises fears of judicial crisis and institutional collapse, such skepticism is also an expression of how our legal system ordinarily functions.

Download or read book The Forging of a Black Community written by Quintard Taylor and published by University of Washington Press. This book was released on 2022-06-07 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seattle's first black resident was a sailor named Manuel Lopes who arrived in 1858 and became the small community's first barber. He left in the early 1870s to seek economic prosperity elsewhere, but as Seattle transformed from a stopover town to a full-fledged city, African Americans began to stay and build a community. By the early twentieth century, black life in Seattle coalesced in the Central District, a four-square-mile section east of downtown. Black Seattle, however, was never a monolith. Through world wars, economic booms and busts, and the civil rights movement, black residents and leaders negotiated intragroup conflicts and had varied approaches to challenging racial inequity. Despite these differences, they nurtured a distinct African American culture and black urban community ethos. With a new foreword and afterword, this second edition of The Forging of a Black Community is essential to understanding the history and present of the largest black community in the Pacific Northwest.

Download or read book Honor Status and Law in Modern Latin America written by Sueann Caulfield and published by Duke University Press. This book was released on 2005-06-08 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together recent scholarship that examines how understandings of honor changed in Latin America between political independence in the early nineteenth century and the rise of nationalist challenges to liberalism in the 1930s. These rich historical case studies reveal the uneven processes through which ideas of honor and status came to depend more on achievements such as education and employment and less on the birthright privileges that were the mainstays of honor during the colonial period. Whether considering court battles over lost virginity or police conflicts with prostitutes, vagrants, and the poor over public decorum, the contributors illuminate shifting ideas about public and private spheres, changing conceptions of race, the growing intervention of the state in defining and arbitrating individual reputations, and the enduring role of patriarchy in apportioning both honor and legal rights. Each essay examines honor in the context of specific historical processes, including early republican nation-building in Peru; the transformation in Mexican villages of the cargo system, by which men rose in rank through service to the community; the abolition of slavery in Rio de Janeiro; the growth of local commerce and shifts in women’s status in highland Bolivia; the formation of a multiethnic society on Costa Rica’s Caribbean coast; and the development of nationalist cultural responses to U.S. colonialism in Puerto Rico. By connecting liberal projects that aimed to modernize law and society with popular understandings of honor and status, this volume sheds new light on broad changes and continuities in Latin America over the course of the long nineteenth century. Contributors. José Amador de Jesus, Rossana Barragán, Sueann Caulfield, Sidney Chalhoub, Sarah C. Chambers, Eileen J. Findley, Brodwyn Fischer, Olívia Maria Gomes da Cunha, Laura Gotkowitz, Keila Grinberg, Peter Guardino, Cristiana Schettini Pereira, Lara Elizabeth Putnam

Download or read book Law Society and History written by Robert W. Gordon and published by Cambridge University Press. This book was released on 2014-10-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. Some of the writers directly assess and comment on Friedman's vast body of work, while others examine his conclusions to see how well they have stood up over time. Various contributors apply concepts and insights derived from Friedman's work to the study of similar problems in different periods and societies. And others use Friedman's concepts and insights as a foil or contrast to their own approaches to studying law and society from theoretical perspectives very different from his. 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.

Download or read book U S History written by P. Scott Corbett and published by . This book was released on 2023-04-02 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Printed in color. U.S. History is designed to meet the scope and sequence requirements of most introductory courses. The text provides a balanced approach to U.S. history, considering the people, events, and ideas that have shaped the United States from both the top down (politics, economics, diplomacy) and bottom up (eyewitness accounts, lived experience). U.S. History covers key forces that form the American experience, with particular attention to issues of race, class, and gender.