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The Lost World of Classical Legal Thought
0 - Default Title
Description
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, several 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 an 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 US economy grew in complexity, the anti-regulatory, 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 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.
Product details
- Edition:
- 1
- Number of Pages:
- 300
- Release Date:
- 1998-06-04
- Publication Date:
- 1998-06-01
- Publisher:
- Oxford University Press
- Languages:
- Original: English
- ISBN10:
- 0195118545
- ISBN13:
- 9780195118544
- GPSR Manufacturer Reference:
- [email protected]
- Weight:
- 640 g
- Height:
- 15.7 cm
- Width:
- 23.5 cm
- Thickness:
- 2.2 cm
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