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History of the Public/Private Distinction
The distinction between public and private realms arose out of a double movement in modern political and legal thought. On the one hand, with the emergence of the nation-state and theories ofExpand
American Legal Realism
I. ANTECEDENTS The Common Law (1881) "The Origin and Scope of the American Doctrine of Constitutional Law" (1893) The Path of the Law (1897) Lochner v. New York (1905) (Holmes, J., dissenting)Expand
Tocqueville and the Tyranny of the Majority
UNTIL the time Alexis de Tocqueville wrote Democracy in America , the problem of tyranny of the majority had dominated the political thought of no other nation as it had that of America. In the halfExpand
The Transformation in the Conception of Property in American Law, 1780-1860
The productive development of land and natural resources at the beginning of the nineteenth century drew into question many legal doctrines formulated in an agrarian economy. In the eighteenthExpand
The transformation of American law, 1780-1860
Introduction 1. The Emergence of an Instrumental Conception of Law 2. The Transformation in the Conception of Property 3. Subsidization of Economic Growth through the Legal System 4. Competition andExpand