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Two Forms of Conservatism: Judicial Reasoning New York Courts, 1860-1920
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Barnes and Noble
Two Forms of Conservatism: Judicial Reasoning New York Courts, 1860-1920
Current price: $49.99
Barnes and Noble
Two Forms of Conservatism: Judicial Reasoning New York Courts, 1860-1920
Current price: $49.99
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Size: Hardcover
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Renowned legal historian William E. Nelson seeks to correct this narrative by examining in close detail the work of judges in the single jurisdiction of New York as well as the rulings of U.S. Supreme Court justices. What he finds is another type of conservatism besides the one that favors the rich. Instead, the judges in this period often reached decisions that were critical of business. Many of their accomplishments were forward-looking and progressive in character but conservative for another reason: they rigidly followed precedent, with only occasional exceptions. While some legal realists see the emphasis on precedent as a veneer to hide the judges’ policy preferences, Nelson shows that this explanation does not fit the evidence. The judges had no consistent policy preferences, and their decisions favored a wide array of policies.
is the work of an expert historian with an eye for detail and a deep understanding of legal thought. He shows that these New York judges, who were quite conservative regarding the law, nevertheless laid the foundation for the liberalism of later political leaders.