In 'The Transformation of American Law, 1780–1860', Morton J. Horwitz explores the profound changes in legal thought and practice that shaped the American legal landscape. He delves into how political, economic, and social factors influenced the evolution of law during this transformative period. The book examines the tension between the emerging capitalist economy and traditional legal doctrines, revealing a dynamic interplay between law and society. Horwitz challenges conventional narratives by highlighting the contradictions and complexities of legal development. This compelling historical analysis invites readers to reconsider the origins of modern American law and its lasting implications.
By Morton J. Horwitz
Published: 1977
"The evolution of American law in the early republic was not merely a reflection of changing statutes, but a profound transformation in the very concept of justice and rights, where the aspirations of a new nation collided with the established norms of an older world."
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.
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“The evolution of American law in the early republic was not merely a reflection of changing statutes, but a profound transformation in the very concept of justice and rights, where the aspirations of a new nation collided with the established norms of an older world.”
The Transformation of American Law, 1780–1860
By Morton J. Horwitz
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Morton J. Horwitz is an acclaimed American legal historian and scholar, renowned for his influential analyses of the American legal system and its historical development. He is the Charles Warren Professor of American Legal History at Harvard Law School and a former professor at the University of California, Berkeley, and Yale Law School. Horwitz's notable works include 'The Transformation of American Law, 1780-1860,' 'The Transformation of American Law, 1870-1960,' and 'Constitutional History of the American Revolution.' His writing style is characterized by rigorous scholarship, comprehensive research, and a clear exposition of complex legal concepts, making significant contributions to the understanding of law's evolution in American society.
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