Guardians of the moral order
Subtitle: the legal philosophy of the Supreme Court, 1860-1910
By: Mark Warren Bailey.
Publisher: Northern Illinois University Press
Published: 2004
Place of publication: Dekalb
Language: eng
Number of pages: 298
Subjects: United States. Supreme Court -- History.; Constitutional law -- Moral and ethical aspects -- United States -- History.; Judicial process -- Moral and ethical aspects -- United States -- History.; Ethics -- United States -- History.
Description: "Progressive reformers of the time as well as historians of the twentieth century have depicted the era's nine justices as aging reactionaries or, worse, have accused them of championing a laissez-faire, imperialistic reading of the U.S. Constitution. Now, in Guardians of the Moral Order, Mark Bailey rises to their defense. The conservatism of the Supreme Court from 1860 through 1910, he argues, reflected not a conversion to the gospel of wealth but a steadfast belief in the vision of man and society grounded in eighteenth-century Enlightenment ideas and nineteenth-century moral science. As college students, the justices learned these values through the philosophy courses central to the antebellum curriculum. As judges, their understanding of the law as a branch of moral science influenced their rulings on a wide array of social, political, and economic issues." "Taking the approach of an intellectual historian, Bailey examines the college education and legal training that these justices received. He then looks at their speeches and writings, both on and off the bench, to discover their views on such topics as the definition of private property, racial equality, and the rights of peoples in America's newly acquired territories. An unflagging faith in a divinely ordained natural order, he concludes, provided these men with their model for the social and moral order."--Jacket.
Notes: Includes bibliographical references (p. [261]-288) and index.