Thurman Arnold

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Thurman Arnold

Thurman Arnold [Pdf/ePub] eBook ISBN-10: 0814794602
Publisher: NYU Press
File Size: 916 KB
File Format: Pdf
Read Count: 4222405


Thurman Arnold by Book Resume:

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.

The Folklore of Capitalism

The Folklore of Capitalism [Pdf/ePub] eBook ISBN-10: 1412836867
Author: Thurman Wesley Arnold
Publisher: Transaction Publishers
File Size: 1233 KB
File Format: Pdf
Read Count: 5624481


The Folklore of Capitalism by Thurman Wesley Arnold Book Resume:

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. Thurman W. Arnold (1891-1969) was assistant attorney general who headed the Antitrust Division of the U.S. Department of Justice under Franklin D. Roosevelt. In addition to this book he is the author of The Symbols of Government and Fair Fights and Foul: A Dissenting Lawyer's Life. Sidney A. Pearson, Jr. is professor emeritus of political science at Radford University. He is also the series editor of Library of Liberal Thought at Transaction Publishers.

Culture and Civilization

Culture and Civilization [Pdf/ePub] eBook ISBN-10: 1351524402
Author: Irving Horowitz
Publisher: Routledge
File Size: 825 KB
File Format: Pdf
Read Count: 1238740


Culture and Civilization by Irving Horowitz Book Resume:

This second volume in this new series aims to anchor the 21st century in the tradition of the new, to raise methodology into historiography. As the new millennium develops, it is becoming evident that science and society are critical pivots in the formation of a larger mosaic of culture and civilization. A tradition has developed and refuses to dissolve under the withering aspect of analysis. Whether flying under the banner of Arthur Lovejoy, George F. Kennan, Pitirim Sorokin, Arnold Toynbee, Alexander Solzhenitsyn, T. S. Eliot, Thorstein Veblen, and countless others, it has become clear that making sense of the whole, and not resting easy with bits and pieces has become the mission of Culture & Civilization. This second volume expands upon the initial efforts to deepen the sense of tradition, with outstanding contributions ranging from Charles Murray, The Happiness of the People; Peter Watson, Ideas: A History of Thought from Fire to Freud; Evan Selinger, Ethics and Poverty Tours; Walter A. McDougall, American Policy Traditions in the Middle East; Raymond Ibrahim, Violence in Judaism, Christianity and Islam; Michael Curtis, Israel: Land, Law, and Legitimacy; Marian Tupy, Persistent Poverty in Africa; David Ronfeldt and Danielle Varda, Cyberocracy Revisited; a retrospective by Leo Alexander on Medical Science under Dictatorship; and a series of brilliant new essays on Wyndham Lewis, Jonathan Swift, Max Scheler, and Thurman Arnold. Culture and Civilization does not embrace idiosyncratic visions of the apocalypse or the end of Western empires. It does attempt to bring together immediate issues and ideas that are substantial and challenging. The essential polarity between democracy and autocracy has now taken on historical dimensions that has now taken on larger, deeper dimensions in different political economic, and ecological terrain of our day is civilization versus barbarism. This second volume is a sober, deeper response to such a challenge.

Big Is Beautiful

Big Is Beautiful [Pdf/ePub] eBook ISBN-10: 0262345676
Author: Robert D. Atkinson,Michael Lind
Publisher: MIT Press
File Size: 703 KB
File Format: Pdf
Read Count: 4897917


Big Is Beautiful by Robert D. Atkinson,Michael Lind Book Resume:

Why small business is not the basis of American prosperity, not the foundation of American democracy, and not the champion of job creation. In this provocative book, Robert Atkinson and Michael Lind argue that small business is not, as is widely claimed, the basis of American prosperity. Small business is not responsible for most of the country's job creation and innovation. American democracy does not depend on the existence of brave bands of self-employed citizens. Small businesses are not systematically discriminated against by government policy makers. Rather, Atkinson and Lind argue, small businesses are not the font of jobs, because most small businesses fail. The only kind of small firm that contributes to technological innovation is the technological start-up, and its success depends on scaling up. The idea that self-employed citizens are the foundation of democracy is a relic of Jeffersonian dreams of an agrarian society. And governments, motivated by a confused mix of populist and free market ideology, in fact go out of their way to promote small business. Every modern president has sung the praises of small business, and every modern president, according to Atkinson and Lind, has been wrong. Pointing to the advantages of scale for job creation, productivity, innovation, and virtually all other economic benefits, Atkinson and Lind argue for a “size neutral” policy approach both in the United States and around the world that would encourage growth rather than enshrine an anachronism. If we overthrow the “small is beautiful” ideology, we will be able to recognize large firms as the engines of progress and prosperity that they are.

The End Of Reform

The End Of Reform [Pdf/ePub] eBook ISBN-10: 030780710X
Author: Alan Brinkley
Publisher: Vintage
File Size: 926 KB
File Format: Pdf
Read Count: 7309466


The End Of Reform by Alan Brinkley Book Resume:

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.

Harvard Law Review: Volume 129, Number 5 - March 2016

Harvard Law Review: Volume 129, Number 5 - March 2016 [Pdf/ePub] eBook ISBN-10: 1610278178
Author: Harvard Law Review
Publisher: Quid Pro Books
File Size: 397 KB
File Format: Pdf
Read Count: 9691522


Harvard Law Review: Volume 129, Number 5 - March 2016 by Harvard Law Review Book Resume:

The March 2016 issue, No. 5, features these contents: • Article, "Marriage Equality and the New Parenthood," by Douglas NeJaime • Essay, "Horizontal Shareholding," by Einer Elhauge • Book Review, "Keeping Track: Surveillance, Control, and the Expansion of the Carceral State," by Kathryne M. Young and Joan Petersilia • Note, "Constitutional Courts and International Law: Revisiting the Transatlantic Divide" • Note, "Defining the Press Exemption from Campaign Finance Restrictions" • Note, "Let the End Be Legitimate: Questioning the Value of Heightened Scrutiny's Compelling- and Important-Interest Inquiries" In addition, student commentary analyzes Recent Cases on state abortion laws and precedent; expectation of privacy in pocket dial; tax deductions for medical marijuana dispensary; appointments clause test for executive branch reassignments; takings by residential inclusionary zoning; and statutory interpretation using corpus linguistics. A commentary focuses on the Recent Court Filing by the DOJ arguing that a city ordinance prohibiting camping and sleeping outdoors violates the Eighth Amendment. Finally, the issue includes two brief comments on Recent Publications. The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked footnotes, active URLs, legible tables, and proper ebook and Bluebook formatting. The Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. It comes out monthly from November through June and has roughly 2500 pages per volume. Student editors make all editorial and organizational decisions. This is the fifth issue of academic year 2015-2016.

Ideas Are Weapons

Ideas Are Weapons [Pdf/ePub] eBook ISBN-10: 9781412825788
Author: Max Lerner
Publisher: Transaction Publishers
File Size: 927 KB
File Format: Pdf
Read Count: 986356


Ideas Are Weapons by Max Lerner Book Resume:

The Transformation of American Law, 1870-1960

The Transformation of American Law, 1870-1960 [Pdf/ePub] eBook ISBN-10: 0190282428
Author: Morton J. Horwitz
Publisher: Oxford University Press
File Size: 913 KB
File Format: Pdf
Read Count: 8195792


The Transformation of American Law, 1870-1960 by Morton J. Horwitz Book Resume:

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.

This Fight Is Our Fight

This Fight Is Our Fight [Pdf/ePub] eBook ISBN-10: 1250120624
Author: Elizabeth Warren
Publisher: Metropolitan Books
File Size: 1580 KB
File Format: Pdf
Read Count: 2039774


This Fight Is Our Fight by Elizabeth Warren Book Resume:

#1 New York Times bestseller The fiery U.S. Senator from Massachusetts and bestselling author offers a passionate, inspiring book about why our middle class is under siege and how we can win the fight to save it Senator Elizabeth Warren has long been an outspoken champion of America’s middle class, and by the time the people of Massachusetts elected her in 2012, she had become one of the country’s leading progressive voices. Now, at a perilous moment for our nation, she has written a book that is at once an illuminating account of how we built the strongest middle class in history, a scathing indictment of those who have spent the past thirty-five years undermining working families, and a rousing call to action. Warren grew up in Oklahoma, and she’s never forgotten how difficult it was for her mother and father to hold on at the ragged edge of the middle class. An educational system that offered opportunities for all made it possible for her to achieve her dream of going to college, becoming a teacher, and, later, attending law school. But now, for many, these kinds of opportunities are gone, and a government that once looked out for working families is instead captive to the rich and powerful. Seventy-five years ago, President Franklin Roosevelt and his New Deal ushered in an age of widespread prosperity; in the 1980s, President Ronald Reagan reversed course and sold the country on the disastrous fiction called trickle-down economics. Now, with the election of Donald Trump--a con artist who promised to drain the swamp of special interests and then surrounded himself with billionaires and lobbyists--the middle class is being pushed ever closer to collapse. Written in the candid, high-spirited voice that is Warren’s trademark, This Fight Is Our Fight tells eye-opening stories about her battles in the Senate and vividly describes the experiences of hard-working Americans who have too often been given the short end of the stick. Elizabeth Warren has had enough of phony promises and a government that no longer serves its people--she won’t sit down, she won’t be silenced, and she will fight back.

Legal Spectator & More

Legal Spectator & More [Pdf/ePub] eBook ISBN-10: 1587332302
Author: Jacob A. Stein
Publisher: The Capitol Net Inc
File Size: 362 KB
File Format: Pdf
Read Count: 8960946


Legal Spectator & More by Jacob A. Stein Book Resume:

A compilation of Washington, DC, attorney Jacob Stein's essays about lawyers, judges, clients, literature, and popular culture. The essays in this volume have previously appeared in Washington Lawyer, American Scholar, the Times Literary Supplement, and Wilson Quarterly.

Antitrust and the Multivalued Function of Competition

Antitrust and the Multivalued Function of Competition [Pdf/ePub] eBook ISBN-10: 3748927037
Author: Luiz Felipe Rosa Ramos
Publisher: Nomos Verlag
File Size: 486 KB
File Format: Pdf
Read Count: 9220411


Antitrust and the Multivalued Function of Competition by Luiz Felipe Rosa Ramos Book Resume:

Das Buch bietet einen neuen Ansatz für die Debatte über die Ziele des Kartellrechts. Ausgehend von einer rechtssoziologischen Perspektive begreift es die Konkurrenz als eine Form mit sozialen Funktionen. So ist Konkurrenz keine bloße Ableitung von Effizienz oder Verbraucherwohlfahrt, sondern ein eigenständiges Ziel des Kartellrechts, das Kartell-, einseitige Verhaltens- und Fusionsfälle durchdringt. Nach Tobias Werron ist dies ein "großartiges Stück Gelehrsamkeit (...), das eine Offenheit des Geistes und Unabhängigkeit des Denkens nahelegt". Celso Campilongo schreibt: "Die Veröffentlichung dieser Arbeit sollte gefeiert werden. Es ist alles andere als trivial oder üblich, (...) eine Soziologie des Kartellrechts zu rekonstruieren".

The New Dealers

The New Dealers [Pdf/ePub] eBook ISBN-10: 0307800695
Author: Jordan A. Schwarz
Publisher: Vintage
File Size: 873 KB
File Format: Pdf
Read Count: 4480995


The New Dealers by Jordan A. Schwarz Book Resume:

This bold new analysis of the New Deal dramatically revises our vision of the Roosevelt legacy -- and of the new relation between government and business it made a central fact of American life. With impressive scholarship and narrative brio, Jordan A. Schwarz persuasively demonstrates that the New Deal's architects sought not merely to save an endangered American capitalism but to integrate economically underdeveloped regions of the nation within the scope of a dynamic state capitalism capable, after World War II, of dominating the global marketplace. As he assesses the contributions of such figures as Supreme Court Justice Louis D. Brandeis, the legal and political "fixer" Thomas G. Corcoran, Texas legislators, Sam Rayburn and Lyndon Johnson, and the quintessential New Deal industrialist Henry Kaiser, Schwarz produces a volume that should be required reading for anyone concerned with current American industrial policy. And he does so with a liveliness and depth of insight that make The New Dealers comparable to the best work of Arthur Schlesinger or Robert Caro.

Patterns of American Jurisprudence

Patterns of American Jurisprudence [Pdf/ePub] eBook ISBN-10: 0191018767
Author: Neil Duxbury
Publisher: Clarendon Press
File Size: 1995 KB
File Format: Pdf
Read Count: 9549808


Patterns of American Jurisprudence by Neil Duxbury Book Resume:

This unique study offers a comprehensive analysis of American jurisprudence from its emergence in the later stages of the nineteenth century through to the present day. The author argues that it is a mistake to view American jurisprudence as a collection of movements and schools which have emerged in opposition to each other. By offering a highly original analysis of legal formalism, legal realism, policy science, process jurisprudence, law and economics, and critical legal studies, he demonstrates that American jurisprudence has evolved as a collection of themes which reflect broader American intellectual and cultural concerns.

Reflections on American Progressivism

Reflections on American Progressivism [Pdf/ePub] eBook ISBN-10: 1351494252
Author: Sidney A. Pearson
Publisher: Routledge
File Size: 313 KB
File Format: Pdf
Read Count: 2612524


Reflections on American Progressivism by Sidney A. Pearson Book Resume:

In American politics, at least since the Civil War, the great philosophical divide is between "progressives" and "founders" of the American regime. The quarrel has come to be defined in the media as a contest between liberals and conservatives. This book explores the ideological underpinnings of American progressivism. In doing so, it examines the foundations of modern liberalism and conservatism. The fundamental problem of any science of politics is to explain, however imperfectly, the sources of justice and injustice in politics: What are the "self-evident truths" that inform and drive the public debates? Over time the foundational arguments for justice and injustice, what people regard as self-evident truths, do change. This process of change is at the heart of progressivism. The original arguments of the progressive movement are obscured or largely forgotten in contemporary political debates. But in a myriad of ways, the original progressive arguments continue to reverberate. They need to be more fully explored and understood in order to seriously engage the differences between liberals and conservatives. Such differences are not likely to be overcome simply by a study of the roots of progressivism, but it is a first step in a more rational debate, which this book will inspire.


Antitrust [Pdf/ePub] eBook ISBN-10: 0525654909
Author: Amy Klobuchar
Publisher: Knopf
File Size: 802 KB
File Format: Pdf
Read Count: 8447761


Antitrust by Amy Klobuchar Book Resume:

NATIONAL BEST SELLER • Antitrust enforcement is one of the most pressing issues facing America today—and Amy Klobuchar, the widely respected senior senator from Minnesota, is leading the charge. This fascinating history of the antitrust movement shows us what led to the present moment and offers achievable solutions to prevent monopolies, promote business competition, and encourage innovation. In a world where Google reportedly controls 90 percent of the search engine market and Big Pharma’s drug price hikes impact healthcare accessibility, monopolies can hurt consumers and cause marketplace stagnation. Klobuchar—the much-admired former candidate for president of the United States—argues for swift, sweeping reform in economic, legislative, social welfare, and human rights policies, and describes plans, ideas, and legislative proposals designed to strengthen antitrust laws and antitrust enforcement. Klobuchar writes of the historic and current fights against monopolies in America, from Standard Oil and the Sherman Anti-Trust Act to the Progressive Era's trust-busters; from the breakup of Ma Bell (formerly the world's biggest company and largest private telephone system) to the pricing monopoly of Big Pharma and the future of the giant tech companies like Facebook, Amazon, and Google. She begins with the Gilded Age (1870s-1900), when builders of fortunes and rapacious robber barons such as J. P. Morgan, John Rockefeller, and Cornelius Vanderbilt were reaping vast fortunes as industrialization swept across the American landscape, with the rich getting vastly richer and the poor, poorer. She discusses President Theodore Roosevelt, who, during the Progressive Era (1890s-1920), "busted" the trusts, breaking up monopolies; the Clayton Act of 1914; the Federal Trade Commission Act of 1914; and the Celler-Kefauver Act of 1950, which it strengthened the Clayton Act. She explores today's Big Pharma and its price-gouging; and tech, television, content, and agriculture communities and how a marketplace with few players, or one in which one company dominates distribution, can hurt consumer prices and stifle innovation. As the ranking member of the Senate Judiciary Subcommittee on Antitrust, Competition Policy, and Consumer Rights, Klobuchar provides a fascinating exploration of antitrust in America and offers a way forward to protect all Americans from the dangers of curtailed competition, and from vast information gathering, through monopolies.

American Independent Inventors in an Era of Corporate R&D

American Independent Inventors in an Era of Corporate R&D [Pdf/ePub] eBook ISBN-10: 0262365715
Author: Eric S. Hintz
Publisher: MIT Press
File Size: 1280 KB
File Format: Pdf
Read Count: 8391213


American Independent Inventors in an Era of Corporate R&D by Eric S. Hintz Book Resume:

How America's individual inventors persisted alongside corporate R&D labs as an important source of inventions. During the nineteenth century, heroic individual inventors such as Thomas Edison and Alexander Graham Bell created entirely new industries while achieving widespread fame. However, by 1927, a New York Times editorial suggested that teams of corporate scientists at General Electric, AT&T, and DuPont had replaced the solitary "garret inventor" as the wellspring of invention. But these inventors never disappeared. In this book, Eric Hintz argues that lesser-known inventors such as Chester Carlson (Xerox photocopier), Samuel Ruben (Duracell batteries), and Earl Tupper (Tupperware) continued to develop important technologies throughout the twentieth century. Moreover, Hintz explains how independent inventors gradually fell from public view as corporate brands increasingly became associated with high-tech innovation. Focusing on the years from 1890 to 1950, Hintz documents how American independent inventors competed (and sometimes partnered) with their corporate rivals, adopted a variety of flexible commercialization strategies, established a series of short-lived professional groups, lobbied for fairer patent laws, and mobilized for two world wars. After 1950, the experiences of independent inventors generally mirrored the patterns of their predecessors, and they continued to be overshadowed during corporate R&D's postwar golden age. The independents enjoyed a resurgence, however, at the turn of the twenty-first century, as Apple's Steve Jobs and Shark Tank's Lori Greiner heralded a new generation of heroic inventor-entrepreneurs. By recovering the stories of a group once considered extinct, Hintz shows that independent inventors have long been—and remain—an important source of new technologies.

American Capitalism

American Capitalism [Pdf/ePub] eBook ISBN-10: 1412816890
Author: John Kenneth Galbraith
Publisher: Transaction Publishers
File Size: 1746 KB
File Format: Pdf
Read Count: 3842545


American Capitalism by John Kenneth Galbraith Book Resume:

The Great Depression and the New Deal: Key Themes and Documents

The Great Depression and the New Deal: Key Themes and Documents [Pdf/ePub] eBook ISBN-10: 1440834636
Author: James S. Olson,Mariah Gumpert
Publisher: ABC-CLIO
File Size: 720 KB
File Format: Pdf
Read Count: 5786216


The Great Depression and the New Deal: Key Themes and Documents by James S. Olson,Mariah Gumpert Book Resume:

Intended for AP-focused American history high school students, this book supplies a complete quick reference source and study aide on the Great Depression and New Deal in America, covering the key themes, events, people, legislation, economics, and policies. • Represents an invaluable reference source for a key period of American history that is an integral part of the AP U.S. History curriculum • Presents 15 primary documents accompanied by introductions that place them in their proper historical context • Provides thematic tagging of encyclopedic entries, period chronology, and primary documents for ease of reference • Includes a Historical Thinking Skills section based on AP U.S. History course learning objectives

The Opening of American Law

The Opening of American Law [Pdf/ePub] eBook ISBN-10: 0199331316
Author: Herbert Hovenkamp
Publisher: Oxford University Press
File Size: 1031 KB
File Format: Pdf
Read Count: 5579555


The Opening of American Law by Herbert Hovenkamp Book Resume:

Two Victorian Era intellectual movements changed the course of American legal thought: Darwinian natural selection and marginalist economics. The two movements rested on fundamentally inconsistent premises. Darwinism emphasized instinct, random selection, and determinism; marginalism emphasized rational choice. American legal theory managed to accommodate both, although to different degrees in different disciplines. The two movements also developed mutually exclusive scientific methodologies. Darwinism emphasizing external indicators of welfare such as productivity, education or health, while marginalists emphasized market choice. Historians have generally exaggerated the role of Darwinism in American legal thought, while understating the role of marginalist economics. This book explores these issues in several legal disciplines and time periods, including Progressive Era redistributive policies, American common law, public law, and laws regarding corporations and competition. One is Progressive Era movements for redistributive policies about taxation and public goods. Darwinian science also dominated the law of race relations, while criminal law reflected an inconsistent mixture of Darwinian and marginalist incentive-based theories. The common law, including family law, contract, property, and tort, moved from emphasis on correction of past harms to management of ongoing risk and relationship. A chapter on Legal Realism emphasizes the Realists' indebtedness to institutional economics, a movement that powerfully influenced American legal theory long after it fell out of favor with economists. Five chapters on the corporation, innovation and competition policy show how marginalist economics transformed business policy. The ironic exception was patent law, which developed in relative insulation from economic concerns about innovation policy. The book concludes with three chapters on public law, emphasizing the role of institutionalist economics in policy making during and after the New Deal. A lengthy epilogue then explores the variety of postwar attempts to reconstruct a defensible and more market-oriented rule of law after the decline of Legal Realism and the New Deal.

Encyclopedia of Law and Society

Encyclopedia of Law and Society [Pdf/ePub] eBook ISBN-10: 1452265542
Author: David S. Clark
Publisher: SAGE Publications
File Size: 1632 KB
File Format: Pdf
Read Count: 9162684


Encyclopedia of Law and Society by David S. Clark Book Resume:

The Encyclopedia of Law and Society is the largest comprehensive and international treatment of the law and society field. With an Advisory Board of 62 members from 20 countries and six continents, the three volumes of this state-of-the-art resource represent interdisciplinary perspectives on law from sociology, criminology, cultural anthropology, political science, social psychology, and economics. By globalizing the Encyclopedia's coverage, American and international law and society will be better understood within its historical and comparative context.