Book contents
- Taming the Past
- Studies in Legal History
- Taming the Past
- Copyright page
- Dedication
- Contents
- Foreword
- Permissions
- Introduction
- Part I The Common Law Tradition in Legal Historiography
- Part II Legal Historians
- 3 Social-Legal History’s Pioneer: The Work of James Willard Hurst
- 4 Hurst Recaptured
- 5 Morton Horwitz and his Critics: A Conflict of Narratives
- 6 The Elusive Transformation*
- 7 Method and Politics: Morton Horwitz on Lawyers’ Uses of History
- 8 E. P. Thompson’s Legacies
- 9 The Constitution of Liberal Order at the Troubled Beginnings of the Modern State*
- Part III History and Historicism in Legal History and Argument
- Index
9 - The Constitution of Liberal Order at the Troubled Beginnings of the Modern State*
from Part II - Legal Historians
Published online by Cambridge University Press: 13 July 2017
- Taming the Past
- Studies in Legal History
- Taming the Past
- Copyright page
- Dedication
- Contents
- Foreword
- Permissions
- Introduction
- Part I The Common Law Tradition in Legal Historiography
- Part II Legal Historians
- 3 Social-Legal History’s Pioneer: The Work of James Willard Hurst
- 4 Hurst Recaptured
- 5 Morton Horwitz and his Critics: A Conflict of Narratives
- 6 The Elusive Transformation*
- 7 Method and Politics: Morton Horwitz on Lawyers’ Uses of History
- 8 E. P. Thompson’s Legacies
- 9 The Constitution of Liberal Order at the Troubled Beginnings of the Modern State*
- Part III History and Historicism in Legal History and Argument
- Index
Summary
[This essay began as a contribution to a Symposium at the University of Miami Law School, March 21–22, 2003, organized to honor Professor Owen Fiss of Yale Law School. The piece uses Fiss’s history of the U.S. Supreme Court under Chief Justice Melville Weston Fuller (1888–1910) as a vehicle to explore the legal order of the era and to question whether that order deserves the privileged status it enjoys in modern conservative legal thought. The essay as it appears here is slightly revised from the version originally published in 58 U. Miami L. Rev. 373 (2003).]
- Type
- Chapter
- Information
- Taming the PastEssays on Law in History and History in Law, pp. 156 - 180Publisher: Cambridge University PressPrint publication year: 2017