{"title":"Administrative Law and Regulation of Business","authors":"L. Friedman","doi":"10.1093/oso/9780190070885.003.0014","DOIUrl":"https://doi.org/10.1093/oso/9780190070885.003.0014","url":null,"abstract":"This chapter discusses the development of administrative law in the in the second half of the nineteenth century covering the coming of bureaucrats, infrastructure regulation, occupational licensing, and the Sherman Antitrust Act. The administrative agency was the child of necessity. Government was growing, at all levels, and this created a need for specialists and specialized bodies. The period between 1850 and 1900 sometimes looks as if this was a kind of climax of laissez-faire—the age of Social Darwinism, the businessman’s earthly kingdom in the United States. Obviously, there is some truth to this idea. It was a period in which businessmen made loud noises, and won some great victories, at all levels of government. But some of this was defensive, a response to movement on the other side.","PeriodicalId":203026,"journal":{"name":"A History of American Law","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130095125","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Growth of the Law","authors":"L. Friedman","doi":"10.1093/oso/9780190070885.003.0023","DOIUrl":"https://doi.org/10.1093/oso/9780190070885.003.0023","url":null,"abstract":"This chapter discusses changes in American law in the twentieth century, covering welfare, workers’ compensation, tort law, civil rights, First Nations, Asian Americans, Hispanics, freedom of speech, and religion. One of the most striking developments in the twentieth century was the so-called liability explosion: the vast increase in liability in tort, mostly for personal injuries. The nineteenth century—particularly the early part—had built up the law of torts, almost from nothing; courts created a huge, complicated structure, a system with many rooms, chambers, corridors, but with an overall ethos of limited liability, and something of a tilt toward enterprise. The structure was wobbling a bit, by the end of the nineteenth century, and the twentieth century worked fairly diligently to tear the whole thing down. One of the first doctrines to go was the fellow-servant rule.","PeriodicalId":203026,"journal":{"name":"A History of American Law","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125437961","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Family Law in the Twentieth Century","authors":"L. Friedman","doi":"10.1093/oso/9780190070885.003.0027","DOIUrl":"https://doi.org/10.1093/oso/9780190070885.003.0027","url":null,"abstract":"This chapter discusses changes in family law in the twentieth century. Family life changed in many ways in the twentieth century. More and more women entered the workforce. Women won the vote just after the First World War. Women became lawyers and judges. This was also the century of the birth control pill, and the century of the so-called sexual revolution. People lived longer, and had more money. Millions moved from the city to the suburbs. Radio and then television and then the internet invaded the home. All the events, crises, and developments of the twentieth century had a deep impact on family life and family law. None of the changes in family law were quite so dramatic as the changes in the law of divorce.","PeriodicalId":203026,"journal":{"name":"A History of American Law","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123203299","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Law of Personal Status: Wives, Paupers, and Slaves","authors":"L. Friedman","doi":"10.1093/oso/9780190070885.003.0005","DOIUrl":"https://doi.org/10.1093/oso/9780190070885.003.0005","url":null,"abstract":"This chapter discusses the law on marriage and divorce, family property, adoption, poor laws and social welfare, and slavery and African Americans in the United States. In the colonial period, the United States had no courts to handle matters of marriage and divorce. Marriage was a contract—an agreement between a man and a woman. Under the rules of the common law, the country belonged to the whites; and more specifically, it belonged to white men. Women had civil rights but no political rights. There were no formal provisions for adoption. A Massachusetts law, passed in 1851, was one of the earliest, and most significant, general adoption law. The so-called poor laws were the basic welfare laws.","PeriodicalId":203026,"journal":{"name":"A History of American Law","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134493403","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Crime and Punishment: And a Footnote on Tort","authors":"L. Friedman","doi":"10.1093/oso/9780190070885.003.0008","DOIUrl":"https://doi.org/10.1093/oso/9780190070885.003.0008","url":null,"abstract":"This chapter discusses the history of American criminal law, covering penal law and penal reform, prison, and tort. The criminal law is an important lever of power, for any government. The leaders of the American Revolution felt strongly that the British were trampling on American rights and were abusing criminal justice. The right to a fair criminal trial was a fundamental right, in their eyes. The Bill of Rights was a kind of minicode of criminal procedure. Moreover, in the late eighteenth century, scholars were rethinking the premises on which criminal law rested. Great reformers called for a more enlightened system of criminal law.","PeriodicalId":203026,"journal":{"name":"A History of American Law","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134628506","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Torts","authors":"L. Friedman","doi":"10.1093/oso/9780190070885.003.0015","DOIUrl":"https://doi.org/10.1093/oso/9780190070885.003.0015","url":null,"abstract":"This chapter discusses the development of tort law in the second half of the nineteenth century. Tort law experienced its biggest growth spurt in the late nineteenth century. The legal world began to sit up and pay attention. The very first English-language treatise on torts appeared in 1859: Francis Hilliard’s book, The Law of Torts, Or Private Wrongs. Then came Charles G. Addison, Wrongs and Their Remedies in 1860, in England. By 1900, there was an immense literature on the law of torts; Joel Bishop and Thomas M. Cooley had written imposing treatises on the subject; the case law had swollen to heroic proportions. Tort law was a product of the industrial revolution; England here had a head start; problems emerged there first, and so did their tentative legal solutions.","PeriodicalId":203026,"journal":{"name":"A History of American Law","volume":"247 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115664142","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Commerce, Labor, and Taxation","authors":"L. Friedman","doi":"10.1093/oso/9780190070885.003.0018","DOIUrl":"https://doi.org/10.1093/oso/9780190070885.003.0018","url":null,"abstract":"This chapter discusses the development of commerce, labor, and tax laws in the second half of the nineteenth century. It covers contracts, negotiable instruments, the law of sales, usury laws, insurance, bankruptcy, admiralty, labor and law, federal taxation, state and local tax, and death taxes. The law of contract occupies a special place in American law in the nineteenth century. The dominance of contract was one of the sovereign notions of the nineteenth century. By constitutional mandate, no state could “impair” the obligation of contracts. Contract law was also one of the basic building blocks of legal study.","PeriodicalId":203026,"journal":{"name":"A History of American Law","volume":"92 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126657936","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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