CRM/LAW C103 Lecture Notes - Lecture 4: Lochner V. New York, Corporate Capitalism, Limited Government
4 Oct 2016
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The rise and fall of legal classicism: classicism emerges. Influenced legal education and popular thought in the united states. Antebellum legal practices: (ante/before // bellum/war: before the civil war) What changes were occurring in the u. s. in the late 1800s: industrialization. Legal: huge conflicts between worker unions and employers; workplace injuries; trade disagreements between companies (how to regulate commerce between state lines, etc. ) Unionization and worker protests: social changes. Do not interfere with economics, let it be . Implications for social values: fear of upheaval just went through a civil war, belief in individualism. Who advocated classicism: middle-class people, the american bar. The legal profession, especially elite members: at least half of the justices of the supreme court. Not universally, but dominant ideology (yet not the only) According to wiecek, what was classicism what were its features: abstract, formal, conceptualistic, categorical, and (sometimes) deductive (4)
