東華大學圖書館 |

Language: English

Help

回圖書館首頁

手機版館藏查詢

Back

Switch To: Labeled | MARC Mode | ISBD

The Supreme Court in the early Progr...

Walker, Kevin.

Linked to FindBook

Google Book

Amazon

博客來

The Supreme Court in the early Progressive era.

Record Type:	Language materials, printed : Monograph/item
Title/Author:	The Supreme Court in the early Progressive era./
Author:	Walker, Kevin.
Description:	444 p.
Notes:	Source: Dissertation Abstracts International, Volume: 71-09, Section: A, page: 3417.
Contained By:	Dissertation Abstracts International71-09A.
Subject:	Law. -
Online resource:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=3421456
ISBN:	9781124209654

The Supreme Court in the early Progressive era.
Walker, Kevin.

The Supreme Court in the early Progressive era. - 444 p.

Source: Dissertation Abstracts International, Volume: 71-09, Section: A, page: 3417.

Thesis (Ph.D.)--The Claremont Graduate University, 2010.

Between 1890 and 1937, prior to the full effect of the New Deal, the Supreme Court was compelled to review many state laws aimed at regulating local industrial life. Those laws were passed under the authority of state "police power" legislation, or the authority of local governments to regulate "health, safety and morals." Now, however, police power included not only working conditions and union activities, but aspects of industry that seemed to violate the basic principles of republicanism embodied in all American constitutions. Those principles were no longer assumed, but were made explicit in the new Fourteenth Amendment, and its guarantee that no one would be deprived of "life, liberty or property without due process of law." Many business interests claimed that this guarantee protected "liberty of contract," or the right of employers and employees to join for their mutual interests, no matter how unfair it might appear to reform-mined lawmakers. This dissertation challenges the conventional history of that conflict as it occurred in the early "Lochner Era" Court, from 1870-1912. That story holds that the justices merely sided with the industrialists because of their own laissez-faire ideology against popular and necessary forms of local legislation. I propose, however, that the Supreme Court was in fact seeking a constitutional basis for economic regulation -- one that sought to allow for reform without depriving the Constitution of its inner republican principles. Based on cases and other legal literature of that era, I will show how the Court sought to reconcile nineteenth century Madisonian "neutrality" with the need to recover basic fairness in industrial life. At the same time, they sought to preserve the other Madisonian precept: the need to protect the pursuit of property, the fundamental basis for any free government.

ISBN: 9781124209654Subjects--Topical Terms:

600858
Law.

The Supreme Court in the early Progressive era.
LDR:02774nam 2200301 4500 001 1404277
005 20111129081015.5
008 130515s2010 ||||||||||||||||| ||eng d
020 $a 9781124209654
035 $a (UMI)AAI3421456
035 $a AAI3421456
040 $a UMI $c UMI
100 1 $a Walker, Kevin. $3 637980
245 1 4 $a The Supreme Court in the early Progressive era.
300 $a 444 p.
500 $a Source: Dissertation Abstracts International, Volume: 71-09, Section: A, page: 3417.
500 $a Adviser: Michael Uhlmann.
502 $a Thesis (Ph.D.)--The Claremont Graduate University, 2010.
520 $a Between 1890 and 1937, prior to the full effect of the New Deal, the Supreme Court was compelled to review many state laws aimed at regulating local industrial life. Those laws were passed under the authority of state "police power" legislation, or the authority of local governments to regulate "health, safety and morals." Now, however, police power included not only working conditions and union activities, but aspects of industry that seemed to violate the basic principles of republicanism embodied in all American constitutions. Those principles were no longer assumed, but were made explicit in the new Fourteenth Amendment, and its guarantee that no one would be deprived of "life, liberty or property without due process of law." Many business interests claimed that this guarantee protected "liberty of contract," or the right of employers and employees to join for their mutual interests, no matter how unfair it might appear to reform-mined lawmakers. This dissertation challenges the conventional history of that conflict as it occurred in the early "Lochner Era" Court, from 1870-1912. That story holds that the justices merely sided with the industrialists because of their own laissez-faire ideology against popular and necessary forms of local legislation. I propose, however, that the Supreme Court was in fact seeking a constitutional basis for economic regulation -- one that sought to allow for reform without depriving the Constitution of its inner republican principles. Based on cases and other legal literature of that era, I will show how the Court sought to reconcile nineteenth century Madisonian "neutrality" with the need to recover basic fairness in industrial life. At the same time, they sought to preserve the other Madisonian precept: the need to protect the pursuit of property, the fundamental basis for any free government.
590 $a School code: 0047.
650 4 $a Law. $3 600858
650 4 $a Economics, History. $3 1017418
650 4 $a Political Science, General. $3 1017391
650 4 $a Sociology, Social Structure and Development. $3 1017425
690 $a 0398
690 $a 0509
690 $a 0615
690 $a 0700
710 2 $a The Claremont Graduate University. $3 1017403
773 0 $t Dissertation Abstracts International $g 71-09A.
790 1 0 $a Uhlmann, Michael, $e advisor
790 $a 0047
791 $a Ph.D.
792 $a 2010
856 4 0 $u http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=3421456