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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.
Thurman Arnold (1891-1969) was a major iconoclast of American law and a great liberal of the 20th century. In this first biography of Arnold, Spencer Weber Waller traces Arnold's life from his birth in Laramie, Wyoming, and explores how his western upbringing influenced his distinctive views about law and power. After studying at Princeton and Harvard Law School, Arnold practiced law in Chicago, served in World War I, and eventually returned to Laramie, where he was a prominent practitioner, mayor, and state legislator in the 1920s. As the rise of national corporations began to destroy the local businesses that were the core of his legal practice, Arnold turned from the courtroom to the academy, most notably at Yale Law School, where he became one of the leading spokesmen for the legal realism movement. Arnold’s work attracted the attention of Franklin Roosevelt, who appointed him to head the Antitrust Division during the New Deal. He went on to establish Arnold, Fortas & Porter, which became the epitome of the modern Washington, DC law firm, and defended pro-bono hundreds of clients accused of Communist sympathies during the McCarthy era. One of the few individuals who shaped 20th century American law in so many of its facets, Arnold's biography is long overdue, and Waller honors his life and legacy with a book that is both vividly narrated and extensively researched.
"A major and challenging work. . . . Provocative, and certain to be controversial. . . . Will add important new dimension to the continuing debate on the decline of liberalism." —William Julius Wilson, New York Times Book Review Can we continue to believe in progress? In this sobering analysis of the Western human condition, Christopher Lasch seeks the answer in a history of the struggle between two ideas: one is the idea of progress - an idea driven by the conviction that human desire is insatiable and requires ever larger production forces. Opposing this materialist view is the idea that condemns a boundless appetite for more and better goods and distrusts "improvements" that only feed desire. Tracing the opposition to the idea of progress from Rousseau through Montesquieu to Carlyle, Max Weber and G.D.H. Cole, Lasch finds much that is desirable in a turn toward moral conservatism, toward a lower-middle-class culture that features egalitarianism, workmanship and loyalty, and recognizes the danger of resentment of the material goods of others.
First published in 1967, this essay in the interpretation of radical social thought deals mainly with the radical theorists rather than the doctrines of social and political movements, but makes an exception in an important discussion of the new radicalism of the 1960s. The author's main concern is to lay bare the connections between intellectual dissent and theories of society, and in so doing to to explore the neglected subject of the heritage of American radical thinking. Readers of this book will not only emerge enlightened by Professor Bottomore's impressive knowledge of American radical thought, but with a greatly increased understanding of contemporary American history. He ends with the question of whether the new radicalism can find a firmer basis than the student movement or the negro revolt; cn produce an ideology both responsive to the doutbs and complexties of our time and capable of directing action to plausible ends.
Stuart Chase in the Herald Tribune called this book about capitalism "the most realistic political treatise of the lot" and adds that "one must be tough and pitiless honesty and pitiless humanity." Some people may disagree with the fi rst assertion, but the second cannot be denied, for in this brilliant analysis of our social and economic structure Thurman Arnold pulls no punches. By "the folklore of capitalism" the author means those ideas about our social and political system that are not generally regarded as folklore but popularly and usually erroneously accepted as fundamental principles of law and economics. Th rough his searching scrutiny of this "folklore" about capitalism, Th urman Arnold presents a broad scale analysis of the ways in which America thinks and acts. Arnold is concerned with the manner in which our system actually works rather than with the moral principles that are claimed for it. With this purpose as a basis for his analysis, he exposes the virtues and absurdities, the basic facts and inconsistent gospels of American capitalism. He accomplishes all this with an irony and a sharp lucidity that are rare indeed in the treating of such serious topics.
A biography of Woody Guthrie, a singer who wrote over 3,000 folk songs and ballads as he traveled around the United States, including "This Land is Your Land" and "So Long It's Been Good to Know Yuh."
John Henry Schlegel recovers a largely ignored aspect of American Legal Realism, a movement in legal thought in the 1920s and 1930s that sought to bring the modern notion of empirical science into the study and teaching of law. In this book, he explores individual Realist scholars' efforts to challenge the received notion that the study of law was primarily a matter of learning rules and how to manipulate them. He argues that empirical research was integral to Legal Realism, and he explores why this kind of research did not, finally, become a part of American law school curricula. Schlegel reviews the work of several prominent Realists but concentrates on the writings of Walter Wheeler Cook, Underhill Moore, and Charles E. Clark. He reveals how their interest in empirical research was a product of their personal and professional circumstances and demonstrates the influence of John Dewey's ideas on the expression of that interest. According to Schlegel, competing understandings of the role of empirical inquiry contributed to the slow decline of this kind of research by professors of law. Originally published in 1995. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
At a time when liberalism is in disarray, this vastly illuminating book locates the origins of its crisis. Those origins, says Alan Brinkley, are paradoxically situated during the second term of Franklin Delano Roosevelt, whose New Deal had made liberalism a fixture of American politics and society. The End of Reform shows how the liberalism of the early New Deal—which set out to repair and, if necessary, restructure America’s economy—gave way to its contemporary counterpart, which is less hostile to corporate capitalism and more solicitous of individual rights. Clearly and dramatically, Brinkley identifies the personalities and events responsible for this transformation while pointing to the broader trends in American society that made the politics of reform increasingly popular. It is both a major reinterpretation of the New Deal and a crucial map of the road to today’s political landscape.