The Legalist Reformation: Law, Politics, and Ideology in New York, 1920-1980

by William E. Nelson

Overview

Based on a detailed examination of New York case law, this book shows how law, politics, and ideology in the state changed in tandem between 1920 and 1980, as state court judges used law to facilitate the entry of the underclass into the economic and social mainstream and to promote tolerance.

Product Details

ISBN-13:	9780807875568
Publisher:	The University of North Carolina Press
Publication date:	01/14/2003
Series:	Studies in Legal History
Sold by:	Barnes & Noble
Format:	eBook
Pages:	472
File size:	2 MB

About the Author

William E. Nelson is Edward Weinfeld Professor of Law at New York University School of Law.

Table of Contents

Introduction

Part I. Conservatives and Reformers Chapter 1. 1922
Chapter 2. The Conservative Agenda: Protecting Property and Preserving Morality Chapter 3. The Reform Agenda: Preventing Exploitation and Providing Opportunity Chapter 4. Conservatives versus Reformers: The Ongoing Juridical Conflict

Part II. The Legalist Reformation Chapter 5. 1938
Chapter 6. Gradual Assimilation as a Constitutional Mechanism for Ending Inequality Chapter 7. Gradual Assimilation as an Economic Mechanism for Ending Inequality Chapter 8. The Prevention of Injury Chapter 9. Liberty and Sexuality Chapter 10. Liberty and the Family Chapter 11. The Growth of Distrust

Part III. The Endurance of Legalism and the End of Reform Chapter 12. 1968
Chapter 13. Gender Equity Chapter 14. Equality for Underdogs: Race, Religion, Sexuality, and Poverty Chapter 15. Bureaucracy Chapter 16. Enterprise and Efficiency

Epilogue: A Golden Anniversary Notes Acknowledgments Index

What People are Saying About This

From the Publisher

“Confident and successful. . . . Ranges across decades to depict the transformation of the common law of New York in the twentieth century. . . . A major contribution to twentieth-century American legal history. It goes into extraordinary depth into New York common law across the century and considers how one influential state legal system . . . met the legal demands of religious and ethnic diversity.” — Law and History Review

“Nelson’s vision is expansive, his research prodigious, his analysis insightful, and his achievement impressive. . . . This fresh research is scholarship of the first order, in itself a major contribution.” — Journal of American History

“Drawing on a beautifully detailed study of thousands of court opinions and life in New York, William Nelson reveals how twentieth century common law jurists brought together the diverse racial, ethnic, and religious factions in the state.” — Harvard Law Review

“This splendid book was fifteen years in the making, and it sets a new and very high standard for studies of American legal history in the twentieth century. It is based on intensive work in an immense body of source material.” — American Historical Review

“Nowhere is the concept of the law as an evolving, dynamic, and progressive force in modern American society better espoused than in this seminal, exhaustive piece of legal and historical research. . . . This scholarly work is highly recommended for academic and law libraries.” — Library Journal

“An excellent history of our most influential state legal system. A brilliant achievement.” — Morton J. Horwitz, Harvard Law School

“A stunning achievement. Nelson’s reading of thousands of cases has enabled him to construct a fascinating picture of change over time in New York. This will be a book of great interest to legal, political, social, and economic historians.” — Laura Kalman, University of California, Santa Barbara

Editorial Reviews

A stunning achievement. Nelson's reading of thousands of cases has enabled him to construct a fascinating picture of change over time in New York. This will be a book of great interest to legal, political, social, and economic historians.

Laura Kalman

An excellent history of our most influential state legal system. A brilliant achievement.

Morton J. Horwitz

"Confident and successful. . . . Ranges across decades to depict the transformation of the common law of New York in the twentieth century. . . . A major contribution to twentieth-century American legal history. It goes into extraordinary depth into New York common law across the century and considers how one influential state legal system . . . met the legal demands of religious and ethnic diversity."
-- "Law and History Review"

A stunning achievement. Nelson's reading of thousands of cases has enabled him to construct a fascinating picture of change over time in New York. (Laura Kalman, University of California, Santa Barbara)

Drawing on a beautifully detailed study of thousands of court opinions and life in New York, Nelson reveals how twentieth century common law jurists brought together the diverse racial, ethnic, and religious factions in the state. ("Harvard Law Review")

Nelson's vision is expansive, his research prodigious, his analysis insightful, and his achievement impressive. ("Journal of American History")

Nowhere is the concept of the law as an evolving, dynamic, and progressive force in modern American society better espoused than in this seminal, exhaustive piece of legal and historical research. ("Library Journal")

Sets a new and very high standard for studies of American legal history in the twentieth century. ("American Historical Review")

"Nelson's vision is expansive, his research prodigious, his analysis insightful, and his achievement impressive."

From the Publisher