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This volume examines legal ideology in the US from the height of the Gilded Age through the time of the New Deal, when the Supreme Court began to discard orthodox thought in favour of more modernist approaches to law. Wiecek places this era of legal thought in its historical context, integrating social, economic, and intellectual analyses.
Excerpt from A Treatise on Street Railway Accident Law The recent development of our American street railway system has been little short of marvelous. Today our country is covered with hundreds and thousands of miles of track, designed for the use of horse, electric, and cable cars, dummy lines, and elevated trains. Great as have been the advantages attending the extension of the system, corresponding defects have not been lacking, and the appalling number of street railway accidents, instead of growing less year by year, as the public becomes more and more familiar with the dangers attending the operation of street cars, seems, on the contrary, to be steadily increasing. It is perhaps hardly necessary to add that these accidents are a most prolific source of litigation. Believing that the tendency of the present day is towards specialization and concentration, the author, in 1902, published a book on the Street Railway Accident Law of Massachusetts. The kind reception accorded this work by the bench and bar has led to the production of the present volume, dealing with the street railway accident law of the entire country. The author has endeavored to make thoroughness and system his watchwords. Every volume of the United States and state reports has been carefully searched, and the eases thus collected have been examined and classified with the most painstaking thoroughness. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
In this integration of law and economic ideas, Herbert Hovenkamp charts the evolution of the legal framework that regulated American business enterprise from the time of Andrew Jackson through the first New Deal. He reveals the interdependent relationship between economic theory and law that existed in these decades of headlong growth and examines how this relationship shaped both the modern business corporation and substantive due process. Classical economic theory--the cluster of ideas about free markets--became the guiding model for the structure and function of both private and public law. Hovenkamp explores the relationship of classical economic ideas to law in six broad areas related to enterprise in the nineteenth and early twentieth centuries. He traces the development of the early business corporation and maps the rise of regulated industry from the first charterbased utilities to the railroads. He argues that free market political economy provided the intellectual background for constitutional theory and helped define the limits of state and federal regulation of business behavior. The book also illustrates the unique American perspective on political economy reflected in the famous doctrine of substantive due process. Finally, Hovenkamp demonstrates the influence of economic theory on labor law and gives us a reexamination of the antitrust movement, the most explicit intersection of law and economics before the New Deal. Legal, economic, and intellectual historians and political scientists will welcome these trenchant insights on an influential period in American constitutional and corporate history.