Description
Book SynopsisConfronted by forces of change, the Supreme Court appeared the bastion of conservatism in case after case, as they defended the old order. Progressive reformers of the time and historians of the 20th century have depicted the era's nine justices as aging reactionaries. Now, in 'Guardians of the Moral Order', Mark Bailey rises to their defence.
Trade Review"With convincing detail [Bailey] recounts the concepts, assumptions, tenets, and teachings of antebellum moral science."—Law and History Review
"An engaging and well-argued interpretation of the Court, full of intellectual surprises and new insights."—Kermit Hall, Utah State University
"A significant contribution to legal history that offers a clear application of nineteenth-century moral philosophy to the work of the Supreme Court."—William LaPiana, New York Law School
Table of ContentsTable of Contents
List of Tables
Introduction
1. American Legal History: The Problem of Ideology, Epistemology, and Typology
2. The Pattern of Antebellum College and Legal Education
3. Moral Philosophy: A Theoretical Science
4. Moral Philosophy: A Practical Science
5. Law and Society in the Context of Providential Design
6. Moral Accountability, the Facultative State, and the Police Power
7. Laissez-faire Constitutionalism and the Moral Economy
8. The Moral Order Endangered
Conclusion
Appendix I
Appendix II
Notes
Selected Bibliography
Index
