The Transformation of American Law, 1780-1860
The Transformation of American Law, 1780-1860

Author: Morton J. HORWITZ

Publisher: Harvard University Press

Published: 2009-06-30

Total Pages: 378

ISBN-13: 0674038789

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In a remarkable book based on prodigious research, Morton J. Horwitz offers a sweeping overview of the emergence of a national (and modern) legal system from English and colonial antecedents. He treats the evolution of the common law as intellectual history and also demonstrates how the shifting views of private law became a dynamic element in the economic growth of the United States. Horwitz's subtle and sophisticated explanation of societal change begins with the common law, which was intended to provide justice for all. The great breakpoint came after 1790 when the law was slowly transformed to favor economic growth and development. The courts spurred economic competition instead of circumscribing it. This new instrumental law flourished as the legal profession and the mercantile elite forged a mutually beneficial alliance to gain wealth and power. The evolving law of the early republic interacted with political philosophy, Horwitz shows. The doctrine of laissez-faire, long considered the cloak for competition, is here seen as a shield for the newly rich. By the 1840s the overarching reach of the doctrine prevented further distribution of wealth and protected entrenched classes by disallowing the courts very much power to intervene in economic life. This searching interpretation, which connects law and the courts to the real world, will engage historians in a new debate. For to view the law as an engine of vast economic transformation is to challenge in a stunning way previous interpretations of the eras of revolution and reform.

Rivalry and Reform
Rivalry and Reform

Author: Sidney M. Milkis

Publisher: University of Chicago Press

Published: 2019-01-25

Total Pages: 397

ISBN-13: 022656942X

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Few relationships have proved more pivotal in changing the course of American politics than those between presidents and social movements. For all their differences, both presidents and social movements are driven by a desire to recast the political system, often pursuing rival agendas that set them on a collision course. Even when their interests converge, these two actors often compete to control the timing and conditions of political change. During rare historical moments, however, presidents and social movements forged partnerships that profoundly recast American politics. Rivalry and Reform explores the relationship between presidents and social movements throughout history and into the present day, revealing the patterns that emerge from the epic battles and uneasy partnerships that have profoundly shaped reform. Through a series of case studies, including Abraham Lincoln and abolitionism, Lyndon Johnson and the civil rights movement, and Ronald Reagan and the religious right, Sidney M. Milkis and Daniel J. Tichenor argue persuasively that major political change usually reflects neither a top-down nor bottom-up strategy but a crucial interplay between the two. Savvy leaders, the authors show, use social movements to support their policy goals. At the same time, the most successful social movements target the president as either a source of powerful support or the center of opposition. The book concludes with a consideration of Barack Obama’s approach to contemporary social movements such as Black Lives Matter, United We Dream, and Marriage Equality.

The Transformation of American Law, 1780–1860
The Transformation of American Law, 1780–1860

Author: Morton J. Horwitz

Publisher: Cambridge, Mass. : Harvard University Press

Published: 1977

Total Pages: 390

ISBN-13:

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In a remarkable book based on prodigious research, Morton J. Horwitz offers a sweeping overview of the emergence of a national (and modern) legal system from English and colonial antecedents. He treats the evolution of the common law as intellectual history and also demonstrates how the shifting views of private law became a dynamic element in the economic growth of the United States. Horwitz's subtle and sophisticated explanation of societal change begins with the common law, which was intended to provide justice for all. The great breakpoint came after 1790 when the law was slowly transformed to favor economic growth and development. The courts spurred economic competition instead of circumscribing it. This new instrumental law flourished as the legal profession and the mercantile elite forged a mutually beneficial alliance to gain wealth and power. The evolving law of the early republic interacted with political philosophy, Horwitz shows. The doctrine of laissez-faire, long considered the cloak for competition, is here seen as a shield for the newly rich. By the 1840s the overarching reach of the doctrine prevented further distribution of wealth and protected entrenched classes by disallowing the courts very much power to intervene in economic life. This searching interpretation, which connects law and the courts to the real world, will engage historians in a new debate. For to view the law as an engine of vast economic transformation is to challenge in a stunning way previous interpretations of the eras of revolution and reform.

Liberty Power
Liberty Power

Author: Corey M. Brooks

Publisher: University of Chicago Press

Published: 2016-01-14

Total Pages: 311

ISBN-13: 022630728X

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American politics and society were transformed by the antislavery movement. But as Corey M. Brooks shows, it was the antislavery third parties not the Democrats or Whigs that had the largest and least-understood impact. Third-party abolitionists exploited opportunities to achieve outsized influence and shaping the national debate. Political abolitionists key contribution was the elaboration and dissemination of the notion of the Slave Power the claim that slaveholders wielded disproportionate political power and therefore threatened the liberties and political power of northern whites. By convincing northerners of the Slave Power menace, abolitionists paved the way for broader coalitions, and ultimately for Abraham Lincoln s Republican Party."

The Rise and Fall of the American Whig Party
The Rise and Fall of the American Whig Party

Author: Michael F. Holt

Publisher: Oxford University Press

Published: 2003-05-01

Total Pages: 1298

ISBN-13: 0199830894

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Here, Michael F. Holt gives us the only comprehensive history of the Whigs ever written. He offers a panoramic account of the tumultuous antebellum period, a time when a flurry of parties and larger-than-life politicians--Andrew Jackson, John C. Calhoun, Martin Van Buren, and Henry Clay--struggled for control as the U.S. inched towards secession. It was an era when Americans were passionately involved in politics, when local concerns drove national policy, and when momentous political events--like the Annexation of Texas and the Kansas-Nebraska Act--rocked the country. Amid this contentious political activity, the Whig Party continuously strove to unite North and South, emerging as the nation's last great hope to prevent secession.

Ready-Made Democracy
Ready-Made Democracy

Author: Michael Zakim

Publisher: University of Chicago Press

Published: 2003

Total Pages: 306

ISBN-13: 0226977951

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Ready-Made Democracy explores the history of men's dress in America to consider how capitalism and democracy emerged at the center of American life during the century between the Revolution and the Civil War. Michael Zakim demonstrates how clothing initially attained a significant place in the American political imagination on the eve of Independence. At a time when household production was a popular expression of civic virtue, homespun clothing was widely regarded as a reflection of America's most cherished republican values: simplicity, industriousness, frugality, and independence. By the early nineteenth century, homespun began to disappear from the American material landscape. Exhortations of industry and modesty, however, remained a common fixture of public life. In fact, they found expression in the form of the business suit. Here, Zakim traces the evolution of homespun clothing into its ostensible opposite—the woolen coats, vests, and pantaloons that were "ready-made" for sale and wear across the country. In doing so, he demonstrates how traditional notions of work and property actually helped give birth to the modern industrial order. For Zakim, the history of men's dress in America mirrored this transformation of the nation's social and material landscape: profit-seeking in newly expanded markets, organizing a waged labor system in the city, shopping at "single-prices," and standardizing a business persona. In illuminating the critical links between politics, economics, and fashion in antebellum America, Ready-Made Democracy will prove essential to anyone interested in the history of the United States and in the creation of modern culture in general.