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Progressive Legal Thought, Herbert J. Hovenkamp Jan 2015

Progressive Legal Thought, Herbert J. Hovenkamp

All Faculty Scholarship

A widely accepted model of American legal history is that "classical" legal thought, which dominated much of the nineteenth century, was displaced by "progressive" legal thought, which survived through the New Deal and in some form to this day. Within its domain, this was a revolution nearly on a par with Copernicus or Newton. This paradigm has been adopted by both progressive liberals who defend this revolution and by classical liberals who lament it.

Classical legal thought is generally identified with efforts to systematize legal rules along lines that had become familiar in the natural sciences. This methodology involved not …


Because All The World Was Not New York City: Governance, Property Rights, And The State In The Changing Definition Of A Corporation, 1730-1860, Hendrik Hartog Jan 1979

Because All The World Was Not New York City: Governance, Property Rights, And The State In The Changing Definition Of A Corporation, 1730-1860, Hendrik Hartog

Articles by Maurer Faculty

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