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Why did American workers, unlike their European counterparts, fail to forge a class-based movement to pursue broad social reform? Was it simply that they lacked class consciousness and were more interested in personal mobility? In a richly detailed survey of labor law and labor history, William Forbath challenges this notion of American "individualism." In fact, he argues, the nineteenth-century American labor movement was much like Europe's labor movements in its social and political outlook, but in the decades around the turn of the century, the prevailing attitude of American trade unionists changed. Forbath shows that, over time, struggles with the courts and the legal order were crucial to reshaping labor's outlook, driving the labor movement to temper its radical goals.
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 colleagues at Harvard and those from across the academy, as well as his students. These essays assess specific themes in Horwitz 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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Hardcover
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