The Legalist Reformation

Law, Politics, and Ideology in New York, 1920-1980

By:

William E Nelson

Format:

Paperback / softback

Series:

Studies in Legal History

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Description

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.

Author Biography:

William E. Nelson is Edward Weinfeld Professor of Law at New York University School of Law.

Release date Australia

September 30th, 2003

Author

William E Nelson

Audiences

Postgraduate, Research & Scholarly
Professional & Vocational
Undergraduate

Edition

New edition

Pages

472

Series

Studies in Legal History

Dimensions

156x235x28

ISBN-13

9780807855041

Product ID

6284065

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