During his career at Harvard, Morton Horwitz changed the questions legal historians ask. The Transformation of American Law, 1780–1860 (1977) disclosed the many ways that judge-made law favored commercial and property interests and remade law to promote economic growth. The Transformation of American Law, 1870–1960 (1992) continued that project, with a focus on ideas that reshaped law as we struggled for objective and neutral legal responses to our country’s crises.
Transformations in American Legal History celebrates Horwitz' career as a scholar and teaching, with contributions from nineteen of Horwitz' students and friends. Following the Foreword by Harvard Law School Dean Elena Kagan, eighteen essays re-examine legal history from America’s colonial era to the late twentieth century. The essays ask classic Horwitzian questions, of how legal doctrine, thought, and practice are shaped by the interests of the powerful, as well as by the ideas of lawyers, politicians, and others. They address current questions in legal history, from colonial legal practice to questions of empire, civil rights, and constitutionalism in a democracy. The essays are, like Horwitz, provocative and original as they continue his transformation of American legal history.
Here's the table of contents:
Elena Kagan, Foreword
Daniel J. Hulsebosch, Debating the Transformation of American Law: James Kent, Joseph Story, and the Legacy of the Revolution
Mary Sarah Bilder, Colonial Constitutionalism and Constitutional Law
Alison LaCroix, Drawing and Redrawing the Line: The Pre-Revolutionary Origins of Federal Ideas of Sovereignty
Sally E. Hadden, DeSaussure and Ford: A Charleston Law Firm of the 1790s
Alfred L. Brophy, Utility, History, and the Rule of Law: The Fugitive Slave Act of 1850 in Antebellum Jurisprudence
Polly J. Price, Stability and Change in Antebellum Property Law: Stare Decisis in Judicial Rhetoric
Lewis A. Grossman, ‘‘The Benefits and Evils of Competition’’: James Coolidge Carter’s Supreme Court Advocacy
Gregory Mark, On Limited Liability: A Speculative Essay on Evolution and Justification
Dalia Tsuk Mitchell, Transformations: Pluralism, Individualism, and Democracy
Stephen A. Siegel, The Death and Rebirth of the Clear and Present Danger Test
Christopher Schmidt, Hugo Black’s Civil Rights Movement
Elizabeth Blackmar, Peregrinations of the Free Rider: The Changing Logics of Collective Obligation
Assaf Likhovski, Two Horwitzian Journeys
William Michael Treanor, Morton Horwitz: Legal Historian as Lawyer and Historian
Charles Donahue Jr., Whither Legal History?
Steven Wilf, The Moral Lives of Intellectual Properties
Oren Bracha, Geniuses and Owners: The Construction of Inventors and the Emergence of American Intellectual Property
Daniel W. Hamilton, Morton Horwitz and the Teaching of American Legal History
Elena Kagan, Foreword
Daniel J. Hulsebosch, Debating the Transformation of American Law: James Kent, Joseph Story, and the Legacy of the Revolution
Mary Sarah Bilder, Colonial Constitutionalism and Constitutional Law
Alison LaCroix, Drawing and Redrawing the Line: The Pre-Revolutionary Origins of Federal Ideas of Sovereignty
Sally E. Hadden, DeSaussure and Ford: A Charleston Law Firm of the 1790s
Alfred L. Brophy, Utility, History, and the Rule of Law: The Fugitive Slave Act of 1850 in Antebellum Jurisprudence
Polly J. Price, Stability and Change in Antebellum Property Law: Stare Decisis in Judicial Rhetoric
Lewis A. Grossman, ‘‘The Benefits and Evils of Competition’’: James Coolidge Carter’s Supreme Court Advocacy
Gregory Mark, On Limited Liability: A Speculative Essay on Evolution and Justification
Dalia Tsuk Mitchell, Transformations: Pluralism, Individualism, and Democracy
Stephen A. Siegel, The Death and Rebirth of the Clear and Present Danger Test
Christopher Schmidt, Hugo Black’s Civil Rights Movement
Elizabeth Blackmar, Peregrinations of the Free Rider: The Changing Logics of Collective Obligation
Assaf Likhovski, Two Horwitzian Journeys
William Michael Treanor, Morton Horwitz: Legal Historian as Lawyer and Historian
Charles Donahue Jr., Whither Legal History?
Steven Wilf, The Moral Lives of Intellectual Properties
Oren Bracha, Geniuses and Owners: The Construction of Inventors and the Emergence of American Intellectual Property
Daniel W. Hamilton, Morton Horwitz and the Teaching of American Legal History