In a powerful new narrative, G. Edward White challenges the reigning understanding of twentieth-century Supreme Court decisions, particularly in the New Deal period. He does this by rejecting such misleading characterizations as "liberal," "conservative," and "reactionary," and by reexamining several key topics in constitutional law.
Through a close reading of sources and analysis of the minds and sensibilities of a wide array of justices, including Holmes, Brandeis, Sutherland, Butler, Van Devanter, and McReynolds, White rediscovers the world of early-twentieth-century constitutional law and jurisprudence. He provides a counter-story to that of the triumphalist New Dealers. The deep conflicts over constitutional ideas that took place in the first half of the twentieth century are sensitively recovered, and the morality play of good liberals vs. mossbacks is replaced. This is the only thoroughly researched and fully realized history of the constitutional thought and practice of all the Supreme Court justices during the turbulent period that made America modern.
First published in 1968, The Eastern Establishment and the Western Experience has become a classic in the field of American studies.
G. Edward White traces the origins of “the West of the imagination” to the adolescent experiences of Frederic Remington, Theodore Roosevelt, and Owen Wister—three Easterners from upper-class backgrounds who went West in the 1880s in search of an alternative way of life.
Each of the three men came to identify with a somewhat idealized “Wild West” that embodied the virtues of individualism, self-reliance, and rugged masculinity. When they returned East, they popularized this image of the West through art, literature, politics, and even their public personae. Moreover, these Western virtues soon became and have remained American virtues—a patriotic ideal that links Easterners with Westerners.
With a multidisciplinary blend of history, biography, sociology, psychology, and literary criticism, The Eastern Establishment and the Western Experience will appeal to a wide audience. The author has written a new preface, offering additional perspectives on the mythology of the West and its effect on the American character.
Over the course of his career at Harvard, Morton Horwitz changed the questions legal historians ask. The Transformation of American Law, 1780–1860 (1977) disclosed the many ways that judge-made law favored commercial and property interests and remade law to promote economic growth. The Transformation of American Law, 1870–1960 (1992) continued that project, with a focus on ideas that reshaped law as we struggled for objective and neutral legal responses to our country’s crises. In more recent years he has written extensively on the legal realists and the Warren Court.
Following an earlier festschrift volume by his former students, this volume includes essays by Horwitz’s colleagues at Harvard and those from across the academy, as well as his students. These essays assess specific themes in Horwitz’s work, from the antebellum era to the Warren Court, from jurisprudence to the influence of economics on judicial doctrine. The essays are, like Horwitz, provocative and original as they continue his transformation of American legal history.
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