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  • Open Daily: 10am - 10pm
    Alley-side Pickup: 10am - 7pm

    3038 Hennepin Ave Minneapolis, MN
    612-822-4611

Open Daily: 10am - 10pm | Alley-side Pickup: 10am - 7pm
3038 Hennepin Ave Minneapolis, MN
612-822-4611
The Lost World of Classical Legal Thought: Law & Ideology in America, 1886-1937

The Lost World of Classical Legal Thought: Law & Ideology in America, 1886-1937

Wiecek, William M.

Hardcover

General LawGeneral Political Science

ISBN10: 0195118545
ISBN13: 9780195118544
Publisher: Oxford University Press
Published: Jun 4 1998
Pages: 296
Weight: 1.37
Height: 1.04 Width: 6.48 Depth: 9.47
Language: English
This book examines the ideology of elite lawyers and judges from the Gilded Age through the New Deal. Between 1866 and 1937, a coherent outlook shaped the way the American bar understood the sources of law, the role of the courts, and the relationship between law and the larger society. William M. Wiecek explores this outlook--often called legal orthodoxy or classical legal thought--which assumed that law was apolitical, determinate, objective, and neutral.

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, 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 the 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 U.S. economy grew in complexity, the antiregulatory, 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--as Wiecek argues in this detailed analysis--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.

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