The Transformation of American La, 1870-1960 The Crisis of Legal Orthodoxy [Paperback]

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 Republiccalled it an extremely valuable book. Library Journalpraised it as brilliant and convincing. And Eric Foner, inThe 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 presentsThe 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 onLochner v. New Yorkin 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 toBrown v. Board of Education--we come to understand that, rather than self-destructinlc$