The Transformation of American Law, 1780–1860

The Transformation of American Law, 1780–1860
Author: Morton J. Horwitz
Publisher: Harvard University Press
Total Pages: 382
Release: 1977
Genre: History
ISBN: 9780674903715

In a remarkable book based on prodigious research, Morton J. Horwitz offers a sweeping overview of the emergence of a national (and modern) legal system from English and colonial antecedents. He treats the evolution of the common law as intellectual history and also demonstrates how the shifting views of private law became a dynamic element in the economic growth of the United States. Horwitz's subtle and sophisticated explanation of societal change begins with the common law, which was intended to provide justice for all. The great breakpoint came after 1790 when the law was slowly transformed to favor economic growth and development. The courts spurred economic competition instead of circumscribing it. This new instrumental law flourished as the legal profession and the mercantile elite forged a mutually beneficial alliance to gain wealth and power. The evolving law of the early republic interacted with political philosophy, Horwitz shows. The doctrine of laissez-faire, long considered the cloak for competition, is here seen as a shield for the newly rich. By the 1840s the overarching reach of the doctrine prevented further distribution of wealth and protected entrenched classes by disallowing the courts very much power to intervene in economic life. This searching interpretation, which connects law and the courts to the real world, will engage historians in a new debate. For to view the law as an engine of vast economic transformation is to challenge in a stunning way previous interpretations of the eras of revolution and reform.

The Transformation of American Law, 1870-1960

The Transformation of American Law, 1870-1960
Author: Morton J. Horwitz
Publisher: Oxford University Press
Total Pages: 387
Release: 1994-12-15
Genre: Law
ISBN: 0190282428

When the first volume of Morton Horwitz's monumental history of American law appeared in 1977, it was universally acclaimed as one of the most significant works ever published in American legal history. The New Republic called it an "extremely valuable book." Library Journal praised it as "brilliant" and "convincing." And Eric Foner, in The New York Review of Books, wrote that "the issues it raises are indispensable for understanding nineteenth-century America." It won the coveted Bancroft Prize in American History and has since become the standard source on American law 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. We sit in on 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 crystallized. We meet Oliver Wendell Holmes, Jr. and recognize the influence of his incisive ideas on the transformation of law in America. We witness the culmination of the Progressive challenge to orthodoxy with the emergence of Legal Realism in the 1920s and '30s, a movement closely allied with other intellectual trends of the day. And as postwar events unfold--the rise of totalitarianism abroad, the McCarthyism rampant in our own country, the astonishingly hostile academic reaction to Brown v. Board of Education--we come to understand that, rather than self-destructing as some historians have asserted, the Progressive movement was alive and well and forming the roots of the legal debates that still confront us today. The Progressive legacy that this volume brings to life is an enduring one, one which continues to speak to us eloquently across nearly a century of American life. In telling its story, Horwitz strikes a balance between a traditional interpretation of history on the one hand, and an approach informed by the latest historical theory on the other. Indeed, Horwitz's rich view of American history--as seen from a variety of perspectives--is undertaken in the same spirit as the Progressive attacks on an orthodoxy that believed law an objective, neutral entity. The Transformation of American Law 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.

Common Law, History, and Democracy in America, 1790–1900

Common Law, History, and Democracy in America, 1790–1900
Author: Kunal M. Parker
Publisher: Cambridge University Press
Total Pages: 319
Release: 2011-03-14
Genre: History
ISBN: 1139496360

This book argues for a change in our understanding of the relationships among law, politics and history. Since the turn of the nineteenth century, a certain anti-foundational conception of history has served to undermine law's foundations, such that we tend to think of law as nothing other than a species of politics. Thus viewed, the activity of unelected, common law judges appears to be an encroachment on the space of democracy. However, Kunal M. Parker shows that the world of the nineteenth century looked rather different. Democracy was itself constrained by a sense that history possessed a logic, meaning and direction that democracy could not contravene. In such a world, far from law being seen in opposition to democracy, it was possible to argue that law - specifically, the common law - did a better job than democracy of guiding America along history's path.

The Papers of Thomas Jefferson, Retirement Series, Volume 18

The Papers of Thomas Jefferson, Retirement Series, Volume 18
Author: Thomas Jefferson
Publisher: Princeton University Press
Total Pages: 800
Release: 2022-04-26
Genre: Biography & Autobiography
ISBN: 0691229260

A new definitive volume of the retirement papers of Thomas Jefferson This volume’s 627 documents feature a vast assortment of topics. Jefferson writes of his dread of “a doting old age.” He inserts an anonymous note in the Richmond Enquirer denying that he has endorsed a candidate for the next presidential election, and he publishes two letters in that newspaper under his own name to refute a Federalist claim that he once benefited by overcharging the United States Treasury. Jefferson does not reply to unsolicited letters seeking his opinion on constitutional matters, judicial review, and a call for universal white male suffrage in Virginia. Fearing that it would set a dangerous precedent, he declines appointment as patron of a new society “for the civilisation of the Indians.” Jefferson is also asked to comment on proposed improvements to stoves, lighthouses, telescopes, and navigable balloons. Citing his advanced age and stiffened wrist, he avoids detailed replies and allows his complaint to John Adams about the volume of incoming correspondence to be leaked to the press in hopes that strangers will stop deluging them both with letters. Jefferson approves of the growth of Unitarianism and predicts that “there is not a young man now living in the US. who will not die an Unitarian.”

Citizen Worker

Citizen Worker
Author: David Montgomery
Publisher: Cambridge University Press
Total Pages: 208
Release: 1995-03-31
Genre: History
ISBN: 9780521483803

Discusses the relationship between workers and the government by focusing not on the legal regulation of unions and strikes, but on popular struggles for citizenship rights.

The Pursuit of Public Power

The Pursuit of Public Power
Author: Jeffrey Paul Brown
Publisher: Kent State University Press
Total Pages: 284
Release: 1994
Genre: History
ISBN: 9780873384964

Explores the origins and nature of political culture in Ohio from the American Revolution until the Civil War. Essays examine such topics as voting practices, the role of the state in national economic development, and the relationship between religion and politics.