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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 as we sit in on such cases as 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 crystalized.
The Transformation of American Law, 1870-1960 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.
|1||The Structure of Classical Legal Thought, 1870-1905||9|
|2||The Progressive Attack on Freedom of Contract and Objective Causation||33|
|3||Santa Clara Revisited: The Development of Corporate Theory||65|
|4||The Place of Justice Holmes in American Legal Thought||109|
|5||The Progressive Transformation in the Conception of Property||145|
|6||Defining Legal Realism||169|
|7||The Legacy of Legal Realism||193|
|8||Legal Realism, the Bureaucratic State, and the Rule of Law||213|
|9||Post-War Legal Thought, 1945-1960||247|