5 books found
Republishes articles by two senior legal historians. Besides summarizing what has now become classical literature in the field, it offers illuminating insight into what it means to be a professional legal historian.
Much of today’s political rhetoric decries the welfare state and our maze of government regulations. Critics hark back to a time before the state intervened so directly in citizens' lives. In The People’s Welfare, William Novak refutes this vision of a stateless past by documenting America’s long history of government regulation in the areas of public safety, political economy, public property, morality, and public health. Challenging the myth of American individualism, Novak recovers a distinctive nineteenth-century commitment to shared obligations and public duties in a well-regulated society. Novak explores the by-laws, ordinances, statutes, and common law restrictions that regulated almost every aspect of America’s society and economy, including fire regulations, inspection and licensing rules, fair marketplace laws, the moral policing of prostitution and drunkenness, and health and sanitary codes. Based on a reading of more than one thousand court cases in addition to the leading legal and political texts of the nineteenth century, The People’s Welfare demonstrates the deep roots of regulation in America and offers a startling reinterpretation of the history of American governance.
For half a century before 1937, populists, progressives, and labor leaders complained bitterly that a "judicial oligarchy" impeded social and economic reform by imposing crippling restraints on trade unions and nullifying legislation that regulated business corporations. A Muted Fury, the first study of this neglected chapter in American political and legal history, explains the origins of hostility toward the courts during the Progressive Era, examines in detail the many measures that antagonists of the judiciary proposed for the curtailment of judicial power, and evaluates the successes and failures of the anti-court movements. Tapping a broad array of sources, including popular literature and unpublished manuscripts, William Ross demonstrates that this widespread fury against the judiciary was muted by many factors, including respect for judicial power, internal divisions among the judiciary's critics, institutional obstacles to reform, and the judiciary's own willingness to mitigate its hostility toward progressive legislation and labor. Ross argues that persistent criticism of the courts influenced judicial behavior, even though the antagonists of the courts failed in their many efforts to curb judicial power. The book's interdisciplinary exploration of the complex interactions among politics, public opinion, judicial decision-making, the legislative process, and the activities of organized interest groups provides fresh insights into the perennial controversy over the scope of judicial power in America. Originally published in 1994. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
In a remarkably fresh and historically grounded reinterpretation of the American Constitution, William Nelson argues that the fourteenth amendment was written to affirm the general public's long-standing rhetorical commitment to the principles of equality and individual rights on the one hand, and to the principle of local self-rule on the other.
by H. Richard Uviller, William G. Merkel
2002 · Duke University Press
Provides a historically grounded examination of the original meaning of the 2nd Amendment and an interpretation of the rights it safeguards (or doesn't) in the light of that historical understanding.