The Slaughter-House Dissents and the Reconstruction of American Liberalism
Dados Bibliográficos
| ID | 9441663 |
|---|---|
| Autores | Pamela Brandwein (0000-0003-1048-5710, Michigan United, autor correspondente) |
| Ano | 2023 |
| Volume | 118 |
| Fascículo | 2 |
| Páginas | 1005-1019 |
| Data de publicação | 2023-08-01 |
| Peer Reviewed | Sim |
| Open Access | Sim |
| Tipo | ARTICLE |
| Periódico | American Political Science Review (JOURNAL) |
| Identificadores do periódico | ISSN: 0003-0554 • E-ISSN: 1537-5943 |
| Editora | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s0003055423000710 |
| OpenAlex | W4385459409 |
| Idioma | EN |
| Referências citadas | 47 |
American liberalism has long been divided between early “classic” and modern forms, a transformation associated with the rise of the social welfare state and the New Deal. The long-running critique of Hartzian consensus theory has left intact that division, which is likewise expressed in literature on the Reconstruction Amendments. This article offers a new staged theory of American liberal development in the nineteenth century, accomplished through the prism of public law. Newly elaborating and theorizing the governing frameworks of the antebellum “well-regulated society” and reading judicial disagreement in the Slaughter-House Cases (1873, 83 U.S. 36) in terms of these institutional frameworks, I show how the dual liberty paradigm of the well-regulated society was rearranged in Bradley’s dissent. By elevating a conceptual split between the dissents of Field and Bradley and by tracing in Bradley’s dissent the reorganization of police powers jurisprudence, I illuminate the fashioning and rapid diffusion of modern rights individualism
Dissent · Individualism · Jurisprudence · Law and economics · Liberalism · Morality · Political science · Politics · Sociology · Welfare state · American Constitutional Law and Politics · Judicial and Constitutional Studies · Law · Legal and Constitutional Studies
Social darwinism in American thought
Free soil, free labor, free men
The people's welfare
Politics and Ideology in the Age of the Civil War
A Legal History of the Civil War and Reconstruction
The Search for American Political Development
Building a New American State
Liberal Tradition in America
The Policy State
Birthright Citizens
The tempting of America
The anatomy of antiliberalism
Law and American Political Development
Structure, Sequence, and Subordination in American Political Culture
Law and American Political Development
Laissez-Faire and Liberty
Meat, Modernity, and the Rise of the Slaughterhouse
Popular Sovereignty, the Origins of Judicial Review, and the Revival of Unwritten Law
The American Political Tradition And the Men Who Made It
Lawyers and the Constitution
Equal Justice Under Law
Justice Field and the Jurisprudence of Government-Business Relations
The Fourteenth Amendment
Social statics, abridged and revised; together with The man versus the state
New Democracy
Completing the Constitution
The Growth of American Constitutional Law
Beyond Tocqueville, Myrdal, and Hartz
Racial Orders in American Political Development
The Lincoln Persuasion
| Velocidade de citação | historical |
|---|---|
| Altamente citado | Não |