The Transformation of American Law, 1870-1960: The Crisis of Legal Orthodoxy / Edition 1

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Overview

The Bancroft Prize-winning first volume of Morton Horwitz's monumental history of American law has become the standard source on the subject 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 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.

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Product Details

  • ISBN-13: 9780195092592
  • Publisher: Oxford University Press, USA
  • Publication date: 12/28/1994
  • Edition description: Reissue
  • Edition number: 1
  • Pages: 384
  • Sales rank: 567,542
  • Product dimensions: 9.25 (w) x 6.19 (h) x 1.03 (d)

Meet the Author

About the Author:
Morton J. Horwitz is Charles Warren Professor of American Legal History at the Harvard Law School.

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Table of Contents

Introduction 3
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
Conclusion 269
Notes 273
Name Index 343
Case Index 349
Subject Index 351
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