Lochner v. New York and the Challenge of Legal Historiography
Bibliographic Data
| ID | 12176830 |
|---|---|
| Authors | Howard Schweber (corresponding author) |
| Year | 2014 |
| Volume | 39 |
| Issue | 01 |
| Pages | 242-274 |
| Publication date | 2014-01-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Law & Social Inquiry (JOURNAL) |
| Journal identifiers | ISSN: 0897-6546 • E-ISSN: 1747-4469 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1111/lsi.12062 |
| OpenAlex | W1687787169 |
| Language | EN |
| Citations received | 1 |
| References cited | 20 |
This essay reviews three works addressing the famous case Lochner v. New York : David E. Bernstein, Rehabilitating Lochner: Defending Individual Rights Against Progressive Reform (2011); Howard Gillman, The Constitution Besieged: The Rise and Demise of Lochner Era Police Powers (1992); and Victoria Nourse, “A Tale of Two Lochners: The Untold History of Substantive Due Process and the Idea of Fundamental Rights” (2009). The author argues that a comparison of these three works raises historiographic issues relating to legal historians’ deployment of assumptions about the continuity of legal development, the role of key actors or social forces, and the autonomy of legal development in relation to other societal events. Further, the essay argues that there is a tendency toward “law school historiography,” referring to the selection of historiographic approach to suit a preconceived jurisprudential narrative that appears when the subject is the history of legal and, especially, constitutional doctrine
Constitution · Constitutional law · Demise · Doctrine · Historiography · Legal doctrine · Legal history · Narrative · Political science · Sociology · Substantive due process · American Constitutional Law and Politics · Judicial and Constitutional Studies · Law · Philosophy
Historiography in the twentieth century
Law and the Conditions of Freedom in the Nineteenth Century United States
Belated feudalism
That Noble Dream
The Search for American Political Development
Law, Labor, and Ideology in the Early American Republic
How the other half lives
Some Fundamental Legal Conceptions as Applied in Judicial Reasoning
The Visible Hand
The Emergence of Professional Social Science
The Progressives and the Slums
Rethinking the New Deal Court
Ordering Principles
| Unique citing works | 1 |
|---|---|
| Citations per year | 0,2 |
| Citation span | 2021 - 2021 (1) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 1 |