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THE TRANSFORMATION OF AMERICAN LAW, 1870-1960

THE CRISIS OF LEGAL ORTHODOXY

In an important and long-awaited sequel to his classic Transformation of American Law, 1780-1860 (1977), Horwitz tells how the Progressive movement—a program for political and economic as well as legal reform—transformed American legal thought from a search for impartial norms into a discipline that acknowledged the elasticity of its own rules and that borrowed the methodologies and some of the values of the social sciences. Horwitz describes the Progressive movement (and its progeny, the Legal Realism movement of the 1920's and 1930's) as an assault on ``classical legal thought''—the view that the law constitutes an impartial body of rules administered by neutral arbiters. The author argues that centralization of the American economy—with the accompanying problems of urbanization, immigration, industrialism, and polarization of economic classes—led to a gradual reexamination of classical legal thought, particularly the bias in legal orthodoxy against redistribution of wealth. Horwitz describes how economic and, ultimately, social changes brought about by WW I put irresistible pressure on courts and legal scholars to bring jurisprudential thought into closer touch with America's rapidly changing society. But, Horwitz explains, it was the Supreme Court's controversial decision in Lochner v. New York (1905)—which invalidated a maximum-hours law for bakers on the grounds that it unconstitutionally interfered with the freedom of contract—that truly catalyzed the attacks of Progressive legal scholars on the claim that law was a politically neutral science. Through a discussion of the evolution of thought in specialized legal fields and problems, and by offering short sketches about the thought of influential figures of the period like Oliver Wendell Holmes and Legal Realists Karl Llewellyn and Jerome Frank, Horwitz demonstrates that the effect of the new thinking on American law was pervasive and lasting. Finally, he argues persuasively that the Legal Realist tradition has had an extensive effect on the development of American law in the post-WW II period. An excellent and significant reexamination of the work and impact of the Progressive and Realist legal thinkers.

Pub Date: June 1, 1992

ISBN: 0-19-507024-0

Page Count: 352

Publisher: Oxford Univ.

Review Posted Online: May 19, 2010

Kirkus Reviews Issue: April 1, 1992

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NUTCRACKER

This is not the Nutcracker sweet, as passed on by Tchaikovsky and Marius Petipa. No, this is the original Hoffmann tale of 1816, in which the froth of Christmas revelry occasionally parts to let the dark underside of childhood fantasies and fears peek through. The boundaries between dream and reality fade, just as Godfather Drosselmeier, the Nutcracker's creator, is seen as alternately sinister and jolly. And Italian artist Roberto Innocenti gives an errily realistic air to Marie's dreams, in richly detailed illustrations touched by a mysterious light. A beautiful version of this classic tale, which will captivate adults and children alike. (Nutcracker; $35.00; Oct. 28, 1996; 136 pp.; 0-15-100227-4)

Pub Date: Oct. 28, 1996

ISBN: 0-15-100227-4

Page Count: 136

Publisher: Harcourt

Review Posted Online: May 19, 2010

Kirkus Reviews Issue: Aug. 15, 1996

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TO THE ONE I LOVE THE BEST

EPISODES FROM THE LIFE OF LADY MENDL (ELSIE DE WOLFE)

An extravaganza in Bemelmans' inimitable vein, but written almost dead pan, with sly, amusing, sometimes biting undertones, breaking through. For Bemelmans was "the man who came to cocktails". And his hostess was Lady Mendl (Elsie de Wolfe), arbiter of American decorating taste over a generation. Lady Mendl was an incredible person,- self-made in proper American tradition on the one hand, for she had been haunted by the poverty of her childhood, and the years of struggle up from its ugliness,- until she became synonymous with the exotic, exquisite, worshipper at beauty's whrine. Bemelmans draws a portrait in extremes, through apt descriptions, through hilarious anecdote, through surprisingly sympathetic and understanding bits of appreciation. The scene shifts from Hollywood to the home she loved the best in Versailles. One meets in passing a vast roster of famous figures of the international and artistic set. And always one feels Bemelmans, slightly offstage, observing, recording, commenting, illustrated.

Pub Date: Feb. 23, 1955

ISBN: 0670717797

Page Count: -

Publisher: Viking

Review Posted Online: Oct. 25, 2011

Kirkus Reviews Issue: Feb. 1, 1955

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