Abstract/Details

Legal modernism and the politics of expertise: American law's crisis of knowledge and authority, 1870-1930


1999 1999

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Abstract (summary)

In this dissertation, I explore the relationship between legal theory and legal practice. My focus is on the response of late nineteenth and early twentieth century American jurisprudence to a perceived crisis in American legal doctrine, a crisis that threatened to undermine the legitimacy and authority of the American legal profession. Uncertainty and complexity in the law were dominant characterizations of this historical moment, more generally understood as a time of rapid social and economic growth, producing a sense of chaos and fragmentation. I read formalism and realism (both broadly construed) as forms of legal modernism which provide alternative discourses of professional authority, emerging not necessarily as reactions to one another so much as to the perceived problems of expertise entailed by such historical transformations. My principal aim is to explore and articulate those dimensions of modernist legal thought which serve as the foundation for this new juridical discourse of professional authority, and to suggest some of the possible implications of failing to look at the early tradition of realist jurisprudence from this perspective. In this sense, I seek to lay the foundation for a more general critique and reconstruction of this tradition.

Indexing (details)


Subject
Political science;
Law;
American history
Classification
0615: Political science
0398: Law
0337: American history
Identifier / keyword
Social sciences, Authority, Expertise, Jurisprudence, Knowledge, Law, Modernism
Title
Legal modernism and the politics of expertise: American law's crisis of knowledge and authority, 1870-1930
Author
Rose, William David
Number of pages
221
Publication year
1999
Degree date
1999
School code
0118
Source
DAI-A 60/02, Dissertation Abstracts International
Place of publication
Ann Arbor
Country of publication
United States
ISBN
9780599199767, 0599199768
Advisor
Brigham, John
University/institution
University of Massachusetts Amherst
University location
United States -- Massachusetts
Degree
Ph.D.
Source type
Dissertations & Theses
Language
English
Document type
Dissertation/Thesis
Dissertation/thesis number
9920646
ProQuest document ID
304519306
Copyright
Database copyright ProQuest LLC; ProQuest does not claim copyright in the individual underlying works.
Document URL
http://search.proquest.com/docview/304519306
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