Morton J Horwitz's Books

The Transformation of American Law, 1780–1860

By: Morton J. Horwitz

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The Transformation of American Law, 1780–1860

By: Morton J. Horwitz

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.

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Page Count

382

Publisher

Harvard University Press

Published Date

ISBN 10

0674903714

ISBN 13

9780674903715

The Transformation of American Law, 1870-1960

The Crisis of Legal Orthodoxy

By: Morton J. Horwitz

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The Transformation of American Law, 1870-1960

The Crisis of Legal Orthodoxy

By: Morton J. Horwitz

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.

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387

Publisher

Oxford University Press

Published Date

ISBN 10

0190282428

ISBN 13

9780190282424

The Transformation of American Law, 1780-1860

By: Morton J. HORWITZ,Morton J Horwitz

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The Transformation of American Law, 1780-1860

By: Morton J. HORWITZ,Morton J Horwitz

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378

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Harvard University Press

Published Date

ISBN 10

0674038789

ISBN 13

9780674038783

America's Three Regimes

A New Political History

By: Morton Keller

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America's Three Regimes

A New Political History

By: Morton Keller

Hailed in The New York Times Book Review as "the single best book written in recent years on the sweep of American political history," this groundbreaking work divides our nation's history into three "regimes," each of which lasts many, many decades, allowing us to appreciate as never before the slow steady evolution of American politics, government, and law. The three regimes, which mark longer periods of continuity than traditional eras reflect, are Deferential and Republican, from the colonial period to the 1820s; Party and Democratic, from the 1830s to the 1930s; and Populist and Bureaucratic, from the 1930s to the present. Praised by The Economist as "a feast to enjoy" and by Foreign Affairs as "a masterful and fresh account of U.S. politics," here is a major contribution to the history of the United States--an entirely new way to look at our past, our present, and our future--packed with provocative and original observations about American public life.

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Page Count

349

Publisher

Oxford University Press

Published Date

ISBN 10

0199705798

ISBN 13

9780199705795

The Transformation of American Law, 1870-1960

The Crisis of Legal Orthodoxy

By: Morton J. Horwitz

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The Transformation of American Law, 1870-1960

The Crisis of Legal Orthodoxy

By: Morton J. Horwitz

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Page Count

387

Publisher

Oxford University Press

Published Date

ISBN 10

0190282428

ISBN 13

9780190282424

The Warren Court and the Pursuit of Justice

By: Morton J. Horwitz

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The Warren Court and the Pursuit of Justice

By: Morton J. Horwitz

A study of the Supreme Court under the leadership of Chief Justice Earl Warren, from 1953 to 1969, discussing the impact of the liberal court's civil rights and civil liberties decisions on American constitutional law.

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Page Count

148

Publisher

Macmillan

Published Date

ISBN 10

0809016257

ISBN 13

9780809016259

The Warren Court and the Pursuit of Justice

By: Morton J. Horwitz

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The Warren Court and the Pursuit of Justice

By: Morton J. Horwitz

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148

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Macmillan

Published Date

ISBN 10

0809016257

ISBN 13

9780809016259

Book's by Morton J Horwitz

The Transformation of American Law, 1780–1860

The Transformation of American Law, 1780–1860

The Transformation of American Law, 1870-1960

The Transformation of American Law, 1870-1960

The Transformation of American Law, 1780-1860

The Transformation of American Law, 1780-1860

America's Three Regimes

America's Three Regimes

The Transformation of American Law, 1870-1960

The Transformation of American Law, 1870-1960

The Warren Court and the Pursuit of Justice

The Warren Court and the Pursuit of Justice

The Warren Court and the Pursuit of Justice

The Warren Court and the Pursuit of Justice

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