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The Legalist Reformation - Law, Politics, and Ideology in New York, 1920-1980 (Paperback, New edition)
Loot Price: R1,281
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The Legalist Reformation - Law, Politics, and Ideology in New York, 1920-1980 (Paperback, New edition)
Series: Studies in Legal History
Expected to ship within 10 - 15 working days
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Based on a detailed examination of New York case law, this
pathbreaking book shows how law, politics, and ideology in the
state changed in tandem between 1920 and 1980. Early
twentieth-century New York was the scene of intense struggle
between white, Anglo-Saxon, Protestant upper and middle classes
located primarily in the upstate region and the impoverished,
mainly Jewish and Roman Catholic, immigrant underclass centered in
New York City. Beginning in the 1920s, however, judges such as
Benjamin N. Cardozo, Henry J. Friendly, Learned Hand, and Harlan
Fiske Stone used law to facilitate the entry of the underclass into
the economic and social mainstream and to promote tolerance among
all New Yorkers. Ultimately, says William Nelson, a new legal
ideology was created. By the late 1930s, New Yorkers had begun to
reconceptualize social conflict not along class lines but in terms
of the power of majorities and the rights of minorities. In the
process, they constructed a new approach to law and politics.
Though doctrinal change began to slow by the 1960s, the main
ambitions of the legalist reformation--liberty, equality, human
dignity, and entrepreneurial opportunity--remain the aspirations of
nearly all Americans, and of much of the rest of the world, today.
|Based on a detailed examination of New York case law, this book
shows how law, politics, and ideology in the state changed in
tandem between 1920 and 1980, as state court judges used law to
facilitate the entry of the underclass into the economic and social
mainstream and to promote tolerance.
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