The opening of American law
Subtitle: neoclassical legal thought, 1870-1970
By: Herbert Hovenkamp
Publisher: Oxford University Press
Published: 2015
Language: eng
Number of pages: 460
ISBN-13: 9780199331307
Subjects: Philosophy; Law; History
Description: 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.
Notes: Includes bibliographical references and index.
Table of contents: title: Scarcity, biology and the rational actor; title: Natural selection, deterrence and mental defect; title: The science and law of race; title: Economics and law in the progressive era; title: Social value, taxation and public finance; title: From institutionalism to legal realism; title: Recasting the common law: the management of risk and relationship; title: The revolution in corporate finance; title: The separation of ownership and control; title: The twisted path to innovation policy; title: Structuralism in competition policy; title: Distribution and vertical control; title: The substantive due process triumvirate: health, safety and morals; title: The waning of classical labor policy; title: The regulatory state and federalism; title: Epilogue: the New Deal at bay.