Digital Commons Network^™

Moral Philosophy And The Intellectual World Of Justices: The United States Supreme Court, 1860-1910, Mark Warren Bailey

Digitized Theses

The United States Supreme Court during the period between 1860 and 1910 has been portrayed as the source of a laissez-faire style of constitutional interpretation under which the nation and the Court largely abdicated their obligation to protect society's common interests from the ideologically conservative influences of new and powerful economic interests.;Recent trends in legal/intellectual history have moderated this critical view and have begun to rehabilitate the Supreme Court's image by placing it in a more accurately drawn intellectual context. This approach reasserts the role of ideas in shaping the law and reduces that of economic determinism. This thesis extends …