Transformations in American Legal History, II: Law, Ideology, and Methods -- Essays in Honor of Morton J. Horwitz

Overview

Over the course of 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 more recent years he has written...

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Overview

Over the course of 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 more recent years he has written extensively on the legal realists and the Warren Court.

Following an earlier festschrift volume by his former students, this volume includes essays by Horwitz’ colleagues at Harvard and those from across the academy, as well as his students. These essays assess specific themes in Horwitz’ work, from the antebellum era to the Warren Court, from jurisprudence to the influence of economics on judicial doctrine. 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: 9780674053274
  • Publisher: Harvard University Press
  • Publication date: 2/1/2011
  • Series: Harvard Law School Series
  • Pages: 598
  • Sales rank: 1,138,853
  • Product dimensions: 6.30 (w) x 9.10 (h) x 1.70 (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.

Martha Minow is Jeremiah Smith, Jr. Professor of Law, Harvard Law School.

Morton J. Horwitz is a graduate of City College of New York and received a doctorate in Government and a law degree from Harvard University. Author of numerous articles in law and history, Mr. Horwitz is Professor of Law at the Harvard Law School, where he teaches legal history.

Hendrik Hartog is Class of 1921 Bicentennial Professor in the History of American Law and Liberty at Princeton University.

G. Edward White is David and Mary Harrison Distinguished Professor of Law at the University of Virginia and the author of numerous books, including Oliver Wendell Holmes, Jr. and Alger Hiss’s Looking-Glass Wars.

William E. Forbath is Lloyd M. Bentsen Jr. Chair at the University of Texas School of Law.

Robert A. Ferguson is George Edward Woodberry Professor in Law, Literature, and Criticism at Columbia University.

Owen M. Fiss is Sterling Professor of Law, Yale Law School.

Lawrence M. Friedman is Marion Rice Kirkwood Professor of Law at Stanford University and author of many books, including A History of American Law, Crime and Punishment in American History, and American Law in the Twentieth Century.

Elizabeth Borgwardt is Associate Professor of History at Washington University in St. Louis.

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Table of Contents

Foreword: The Continuity of Morton Horwitz William Fisher ix

Preface xiii

Acknowledgements xvii

Part I Legal History and Morton Horwitz 1

1 A Civilized Man: Morton Horwitz Struggles with "Fundamental Law" Frank I. Michelman 3

2 Reading the World: Law and Social Science Martha Minow 13

3 Horwitz and the End of Socio-legal History: 1975 Hendrik Hartog 43

4 The Origins of Modern American Legal History G. Edward White 48

5 Morton Horwitz and the General Historian Laura Kalman 64

6 Courting the State: An Essay for Morton Horwitz William E. Forbath 70

7 Method and Politics: Morton Horwitz on Lawyers' Uses of History Robert W. Gordon 81

8 Morton Horwitz's Methodological Transformation: Some Musings on Transformations I and II James R. Hackney Jr. 95

Part II Colonial and Nineteenth-Century American Law 109

9 Beyond Commodification: Contract and the Credit-Based World of Modern Capitalism Christine Desan 111

10 The Early Anti-majoritarian Rationale for Judicial Review Robert J. Steinfeld 143

11 Simon Greenleaf, Boston Elites, and the Social Meaning and Construction of the Charles River Bridge Case Alfred S. Konefsky 165

12 Toward a Materialist Jurisprudence Christopher Tomlins 196

13 The View from the Border: Law and Community in the Nineteenth Century Allison Brownell Tirres 218

Part III Twentieth-Century American Law to the Civil Rights Revolution 237

14 Notes from the Margins: Florence Kelley and the Making of Sociological Jurisprudence Felice Batlan 239

15 Conventional Morality and the Rule of Law: Freedom, Responsibility, and the Criminal Trial Jury in American Legal Thought, 1900-60 Thomas A. Green 254

16 Some Horwitzian Themes in the Law and History of the Federal Courts Edward A. Purcell Jr. 271

17 Some Contract History: About Samuel Williston Barbara Aronstein Black 287

18 Anti-Semitism and the Law in Québec City: The Plamondon Case, 1910-15 Constance Backhouse 303

19 John R. Commons and the Origins of Legal Realism; or, The Other Tragedy of the Commons Katherine V. W. Stone 326

20 Invading Panama: The Power of Circumstance in the Rule of Law Robert A. Ferguson 344

Part IV The Warren Court 373

21 The Warren Court as History Tony A. Freyer 375

22 Timeless Truths Owen Fiss 400

23 The Warren Court, Legalism, and Democracy: Sketch for a Critique in a Style Learned from Morton Horwitz William H. Simon 407

24 Notes toward a Sociology of Human Rights Lawrence M. Friedman 422

25 The Warren Court and the Limits of Justice Mark Tushnet 433

26 "Constitutionalizing" Human Rights: The Rise and Rise of the Nuremberg Principles Elizabeth Borgwardt 446

Part V The Past and Future of Legal History 467

27 Transformations in the Digitally Networked Environment Yochai Benkler 469

28 Morton Horwitz Wrestles with the Rule of Law Sanford Levinson Jack M. Balkin 483

29 Horwitz and the Direction of Legal Thought William E. Nelson 500

30 "Great Beyond His Knowing": Morton Horwitz's Influence on Legal Education and Scholarship in England, Canada, and Australia David Sugarman 504

Part VI Appreciations 543

31 My Morty Alfred L. Brophy 545

32 Introducing Mort Horwitz Pnina Lahav 556

About the Editors 559

About the Contributors 561

Index 571

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