Transformations in American Legal History: Essays in Honor of Professor Morton J. Horwitz

Overview

During his career at Harvard, Morton Horwitz changed the questions legal historians ask. The Transformation of American Law, 1780–1860 (1977) disclosed the many ways that judge-made law favored commercial and property interests and remade law to promote economic growth. The Transformation of American Law, 1870–1960 (1992) continued that project, with a focus on ideas that reshaped law as we struggled for objective and neutral legal responses to our country’s crises.

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Overview

During his career at Harvard, Morton Horwitz changed the questions legal historians ask. The Transformation of American Law, 1780–1860 (1977) disclosed the many ways that judge-made law favored commercial and property interests and remade law to promote economic growth. The Transformation of American Law, 1870–1960 (1992) continued that project, with a focus on ideas that reshaped law as we struggled for objective and neutral legal responses to our country’s crises.

In this book, Horwitz’s students re-examine legal history from America’s colonial era to the late twentieth century. They ask classic Horwitzian questions, of how legal doctrine, thought, and practice are shaped by the interests of the powerful, as well as by the ideas of lawyers, politicians, and others. The essays address current questions in legal history, from colonial legal practice to questions of empire, civil rights, and constitutionalism in a democracy. The essays are, like Horwitz, provocative and original as they continue his transformation of American legal history.

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Product Details

  • ISBN-13: 9780674033467
  • Publisher: Harvard University Press
  • Publication date: 3/31/2009
  • Series: Harvard Law School Series
  • Pages: 408
  • Product dimensions: 6.20 (w) x 9.00 (h) x 1.20 (d)

Meet the Author

Daniel W. Hamilton is Professor of Law at the University of Illinois College of Law.

Alfred L. Brophy is Reef C. Ivey II Professor of Law at the University of North Carolina.

Mary Sarah Bilder is Professor of Law, Boston College Law School.

Alfred L. Brophy is Reef C. Ivey II Professor of Law at the University of North Carolina.

Sally E. Hadden is Associate Professor of History and Assisant Professor of Law at Florida State University.

Alison L. LaCroix is Professor of Law, University of Chicago Law School.

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Table of Contents

  • Foreword
  • Preface
  • Acknowledgements

  1. Debating the Transformation of American Law: James, Kent, Joseph Story, and the Legacy of the Revolution
    Daniel J. Husebosch
  2. Colonial Constitutionalism and Constitutional Law
    Mary Sarah Bilder
  3. Drawing and Redrawing the Line: The Pre-Revolutionary Origins of Federal Ideas of Sovereignty
    Alison LaCroix
  4. DeSaussure and Ford: A Charleston Law Firm of the 1790s
    Sally E. Hadden
  5. Utility, History, and the Rule of Law: The Fugitive Slave Act of 1850 in Antebellum Jurisprudence
    Alfred L. Brophy
  6. Stability and Change in Antebellum Property Law: Stare Decisis in Judicial Rhetoric
    Polly J. Price
  7. “The Benefits and Evils of Competition”: James Coolidge Carter's Supreme Court Advocacy
  8. On Limited Liability: A Speculative Essay on Evolution and Justification
    Gregory Mark
  9. Transformations: Pluralism, Individualism, and Democracy
    Dalia Tsuk Mitchell
  10. The Death and Rebirth of the Clear and Present Danger Test
    Stephen A. Siegel
  11. Hugo Black's Civil Rights Movement
    Christopher Schmidt
  12. Peregrinations of the Free Rider: The Changing Logics of collective Obligation
    Elizabeth Blackmar
  13. Two Horwitzian Journeys
    Assaf Likhovski
  14. Morton Horwitz: Legal Historian as Lawyer and Historian
    William Michael Treanor
  15. Whither Legal History?
    Charles Donahue Jr.
  16. The Moral Lives of Intellectual Properties
    Steven Wilf
  17. Geniuses and Owners: The Construction of Inventors and the Emergence of American Intellectual Property
    Oren Bracha
  18. Morton Horwitz and the Teaching of American Legal History
    Daniel W. Hamilton

  • About the Contributors
  • Index

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