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Legal History Commons

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Yale Law School

1991

Articles 1 - 3 of 3

Full-Text Articles in Legal History

Of Corporatism, Fascism And The First New Deal, James Q. Whitman Jan 1991

Of Corporatism, Fascism And The First New Deal, James Q. Whitman

Faculty Scholarship Series

Early in the Autumn of 1934, after several weeks of bureaucratic intrigue within the Roosevelt White House, General Hugh Johnson was forced to resign as chief of the National Recovery Administration. For some months, the President had resisted pressure to dismiss Johnson, who had presided over the NRA in erratic and impolitic fashion. But in late September, after several instances of egregious misbehavior on Johnson's part, the President pushed him out. A few weeks later, General Johnson gave his farewell speech, invoking the "shining name" of Benito Mussolini It was not the first time that the Director of the ...


Why Did The Revolutionary Lawyers Confuse Custom And Reason?, James Q. Whitman Jan 1991

Why Did The Revolutionary Lawyers Confuse Custom And Reason?, James Q. Whitman

Faculty Scholarship Series

That "somewhat unclear mingling" of reason, custom, and constitution, is my subject in this Article. This Article offers a general historical account of how the constitutionalist lawyers of the eighteenth-century world came to mingle ideas of customary right with characteristically eighteenth-century ideas of deductive natural law. To understand this tendency to conflate custom and reason, I will suggest, we must understand developments that long predated the passages quoted above. The eighteenth-century constitutionalist habit of identifying custom with reason should be traced back to the collapse of customary proof practices at the end of the Medieval period-a collapse with a long ...


The Lawyers Discover The Fall Of Rome, James Q. Whitman Jan 1991

The Lawyers Discover The Fall Of Rome, James Q. Whitman

Faculty Scholarship Series

Petrarch detested lawyers. The story of his experience of law is familiar. In 1316 Petrarch, then twelve years old, was sent by his father to study law, first in Montpellier, then in Bologna, the oldest center of Roman law studies in Europe. Bologna entranced him in some ways: there were great law teachers there, he later wrote, who were like the ancients themselves returned to life. Nevertheless, if he looked up to some of his teachers, his studies in Bologna taught Petrarch to despise the general soullessness and avarice offourteenth-century lawyers. Lawyers, he later wrote, cared nothing for antiquity and ...