The Lost World of Classical Legal Thought: Law and Ideology in America, 1886-1937
Oxford University Press, 04.06.1998 - 296 Seiten
This book examines the ideology of elite lawyers and judges from the Gilded Age through the New Deal. Between 1866 and 1937, a coherent outlook shaped the way the American bar understood the sources of law, the role of the courts, and the relationship between law and the larger society. William M. Wiecek explores this outlook--often called "legal orthodoxy" or "classical legal thought"--which assumed that law was apolitical, determinate, objective, and neutral. American classical legal thought was forged in the heat of the social crises that punctuated the late nineteenth century. Fearing labor unions, immigrants, and working people generally, American elites, including those on the bench and bar, sought ways to repress disorder and prevent political majorities from using democratic processes to redistribute wealth and power. Classical legal thought provided a rationale that assured the legitimacy of the extant distribution of society's resources. It enabled the legal suppression of unions and the subordination of workers to management's authority. As the twentieth-century U.S. economy grew in complexity, the antiregulatory, individualistic bias of classical legal thought became more and more distanced from reality. Brittle and dogmatic, legal ideology lost legitimacy in the eyes of both laypeople and ever-larger segments of the bar. It was at last abandoned in the "constitutional revolution of 1937", but--as Wiecek argues in this detailed analysis--nothing has arisen since to replace it as an explanation of what law is and why courts have such broad power in a democratic society.
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The Lost World of Classical Legal Thought: Law and Ideology in America, 1886 ...
William M. Wiecek
Eingeschränkte Leseprobe - 2001
American Law American legal antebellum antitrust authority Brandeis challenge Chief Justice Civil classical jurists classical lawyers classical legal thought classical thought classicist common law concept Congress conservative constitutional Constitutionalism corporate Death of Contract decisions democratic dissent doctrine dominant due process clause economic elite employer federal courts Felix Frankfurter Fourteenth Amendment historians History Holmes Holmes’s Horwitz ideology individual industrial intellectual interests interpretation James John Joseph Story judges judicial review judiciary Jurisprudence labor injunction laissez-faire law’s legal classicism legal order Legal Realism legal science legislation legislature liberty of contract Lochner Lochner Era majority ment modern neo-Progressive nineteenth century opinion outlook parties police power political popular Populist principles Progressive prohibiting property rights protect railroad regulation regulatory republican Revolution Robert Roscoe Pound social society state’s statute substantive due process Supreme Court T]he theory tion torts tradition treatise unions United wealth William workers York