Constitutional Laissez Faire
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Author | : Benjamin R. Twiss |
Publisher | : Praeger |
Total Pages | : 296 |
Release | : 1973 |
Genre | : Law |
ISBN | : |
Across the Commonwealth, people are instinctively expressing and making the most of their culture and creative resources. Governments and citizens, however, have rarely been able to pin down exactly how culture is being used for development, and have therefore rarely been able to offer necessary support to individuals, cultural practitioners and civil society organizations. This report is a first step at the Commonwealth level to recognize the value of culture, and to begin to untangle some of the many ways in which culture is linked to development. A Commonwealth Foundation title.
Author | : Benjamin Rollins Twiss |
Publisher | : |
Total Pages | : 0 |
Release | : 1942 |
Genre | : Constitutional history |
ISBN | : |
Author | : Barbara H. Fried |
Publisher | : Harvard University Press |
Total Pages | : 350 |
Release | : 2009-07-01 |
Genre | : Law |
ISBN | : 0674037308 |
Law and economics is the leading intellectual movement in law today. This book examines the first great law and economics movement in the early part of the twentieth century through the work of one of its most original thinkers, Robert Hale. Beginning in the 1890s and continuing through the 1930s, progressive academics in law and economics mounted parallel assaults on free-market economic principles. They showed first that "private," unregulated economic relations were in fact determined by a state-imposed regime of property and contract rights. Second, they showed that the particular regime of rights that existed at that time was hard to square with any common-sense notions of social justice. Today, Hale is best known among contemporary legal academics and philosophers for his groundbreaking writings on coercion and consent in market relations. The bulk of his writing, however, consisted of a critique of natural property rights. Taken together, these writings on coercion and property rights offer one of the most profound and elaborated critiques of libertarianism, far outshining the better-known efforts of Richard Ely and John R. Commons. In his writings on public utility regulation, Hale also made important contributions to a theory of just, market-based distribution. This first, full-length study of Hale's work should be of interest to legal, economic, and intellectual historians.
Author | : Howard Gillman |
Publisher | : Duke University Press |
Total Pages | : 336 |
Release | : 1993 |
Genre | : Law |
ISBN | : 9780822316428 |
The Constitution Besieged offers a compelling reinterpretation of one of the most notorious periods in American constitutional history. In the decades following the Civil War, federal and state judges struck down as unconstitutional a great deal of innovative social and economic legislation. Scholars have traditionally viewed this as the work of a conservative judiciary more interested in promoting laissez-faire economics than in interpreting the Constitution. Howard Gillman challenges this scholarly orthodoxy by showing how these judges were in fact observing a long-standing constitutional prohibition against "class legislation." By reviewing unfamiliar state cases and legal commentary, and by providing fresh interpretations of familiar Supreme Court cases, Gillman uncovers a fascinating - and long forgotten - legal tradition. In this richly textured historical narrative, we see how American judges once worked to insure that legislative power be used only to promote the public good, and not to benefit certain classes or burden their market competitors. Beyond shedding new light on this jurisprudence, Gillman also links it to larger debates in the political system, debates traced to concerns about factional politics expressed by the country's founders and to the Jacksonian assault on special privileges. This tradition came under siege with the intensification of class conflict at the turn of the century, and Gillman carefully documents its demise. He details how industrialization undermined assumptions about the fairness of capitalist social relations, and how this led increasing numbers of people to question the requirement that the state remain neutral in matters of class conflict - thus leaving it to a stalwart judiciary to protect "a Constitution besieged." A major contribution to an understanding of this important period in the history of the Supreme Court, Gillman's work stands as a landmark in revisionist accounts of the "Lochner era." Gillman's study represents the kind of paradigm-shift that will undoubtedly affect a wide range of scholarly activity for some time to come. The broad scope of this work makes it essential reading for those interested in American political thought, the development of the American state, the relationship between law and social change, and contemporary debates about the original intent of the framers of the Constitution and the proper role of the judiciary in American politics.
Author | : David N. Mayer |
Publisher | : Cato Institute |
Total Pages | : 202 |
Release | : 2011-01-16 |
Genre | : Law |
ISBN | : 1935308408 |
Examines the history of the liberty of contract and shows how this right has been continuously diminished by court decisions and by our country's growing regulatory and welfare state.
Author | : Ellen Frankel Paul |
Publisher | : SUNY Press |
Total Pages | : 316 |
Release | : 1989-01-01 |
Genre | : Law |
ISBN | : 9780791400869 |
This book examines the constitutional protection of economic rights through the nineteenth century and the first three decades of the twentieth. The authors grapple with such questions as: how should the commerce clause be interpreted? To what extent did the historical development of eminent domain law depart from the "rhetoric" of takings jurisprudence? How was the Constitution connected to economic growth in the nineteenth century? What was the effect of the post-/civil War constitutional amendments? How did the right to contract affect government attempts to balance private rights with the public good? What was the reaction of leading constitutional theorists to the dominance of a laissez-fair philosophy in the Court and the nation at the turn of the century?
Author | : Jimmy Rogers Smith |
Publisher | : |
Total Pages | : 168 |
Release | : 1970 |
Genre | : Free enterprise |
ISBN | : |
Author | : Sidney Fine |
Publisher | : |
Total Pages | : 492 |
Release | : 1964 |
Genre | : Economics |
ISBN | : |
Laissez faire in American thought and policy, 1763-1865 -- Herbert Spencer versus the state -- Academic and popular theorists of laissez faire -- Laissez faire and the American businessman -- Laissez faire becomes the law of the land -- The social gospel -- The new political economy -- Sociology, political science, and pragmatism -- In quest of reform -- The legislative record -- The general-welfare state in the twentieth century.
Author | : Benjamin R. Twiss |
Publisher | : |
Total Pages | : 271 |
Release | : 1973 |
Genre | : |
ISBN | : |
Author | : Barry Cushman |
Publisher | : Oxford University Press |
Total Pages | : 333 |
Release | : 1998-02-26 |
Genre | : Law |
ISBN | : 019535401X |
Rethinking the New Deal Court: The Structure of a Constitutional Revolution challenges the prevailing account of the Supreme Court of the New Deal era, which holds that in the spring of 1937 the Court suddenly abandoned jurisprudential positions it had staked out in such areas as substantive due process and commerce clause doctrine. In this view, the impetus for such a dramatic reversal was provided by external political pressures manifested in FDR's landslide victory in the 1936 election, and by the subsequent Court-packing crisis. Author Barry Cushman, by contrast, discounts the role that political pressure played in securing this "constitutional revolution." Instead, he reorients study of the New Deal Court by focusing attention on the internal dynamics of doctrinal development and the role of New Dealers in seizing opportunities presented by doctrinal change. Recasting this central story in American constitutional development as a chapter in the history of ideas rather than simply an episode in the history of politics, Cushman offers a thoroughly researched and carefully argued study that recharacterizes the mechanics by which laissez-faire constitutionalism unraveled and finally collapsed during FDR's reign. Identifying previously unseen connections between various lines of doctrine, Cushman charts the manner in which Nebbia v. New York's abandonment of the distinction between public and private enterprise hastened the demise of the doctrinal structure in which that distinction had played a central role.