Two Forms of Conservatism
William E Nelson
Gebundenes Buch

Two Forms of Conservatism

Judicial Reasoning in New York Courts, 1860-1920

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The period between 1860 and 1920--inclusive of the Gilded Age and much of the Lochner era in legal history--is typically regarded as the heyday of conservative jurisprudence. According to this received wisdom, conservative judges and much of the legal profession were on the side of big business and the rich. Judges in this period subscribed to "classical" legal thought, and it was only when this was supplanted by "progressive" legal thought that courts reached decisions critical of business. Renowned legal historian William E. Nelson seeks to correct this narrative by examining in close detail...