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The opening of American law : neoclassical legal thought, 1870-1970 / Herbert Hovenkamp

Author
Hovenkamp, Herbert, 1948-
Additional Titles
Neoclassical legal thought, 1870-1970
Published
New York : Oxford University Press, 2014.
Physical Description
1 online resource
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Contents
Scarcity, biology and the rational actor -- Natural selection, deterrence and mental defect -- The science and law of race -- Economics and law in the progressive era -- Social value, taxation and public finance -- From institutionalism to legal realism -- Recasting the common law: the management of risk and relationship -- The revolution in corporate finance -- The separation of ownership and control -- The twisted path to innovation policy -- Structuralism in competition policy -- Distribution and vertical control -- The substantive due process triumvirate: health, safety and morals -- The waning of classical labor policy -- The regulatory state and federalism -- Epilogue: the New Deal at bay.
Summary
Two late Victorian ideas disrupted American legal thought: the Darwinian theory of evolution and marginalist economics. The legal thought that emerged can be called 'neoclassical', because it embodied ideas that were radically new while retaining many elements of what had gone before. Although Darwinian social science was developed earlier, in most legal disciplines outside of criminal law and race theory marginalist approaches came to dominate. This book carries these themes through a variety of legal subjects in both public and private law.
Subject(s)
Genre(s)
ISBN
9780199331314 (electronic bk.)
0199331316 (electronic bk.)
9780190204495
0190204494
9780199331307 (print)
0199331308
Bibliography Note
Includes bibliographical references and index.
View MARC record | catkey: 43636440