Troubled beginnings of the modern state, 1888-1910现代国家不平静的开端 1888-1910 pdf snb 115盘 kindle 在线 下载 pmlz mobi

A highly interpretive and eminently readable study of the Supreme Court during the period in which Melvin Fuller was Chief Justice，offering a complete account of the cases the Court saw during one of the most tumultuous times in U。S。 history。 The legacy of the Supreme Court at the turn of the century has largely been negative： decisions such as Lochner v。 New York （1905），Pollock v。 Farmers' Loan & Trust Co。 （1895），In re Debs （1895），and Plessy v。 Ferguson have been seen by subsequent generations of lawyers and judges as embodying a judicial method and philosophy that should be avoided at all costs。 This book places these decisions in their historical context。 It rejects the crude instrumental interpretation of these decisions and explains them as the expression of a conception of liberty that has its roots in the founding of the nation。

Illustrations

Foreword

Editor’s Foreword

The Legacy of Negative Examples

Legitimacy and History

The Identity of the Institution

Class Conflict and the Supreme Court

Debs and the Maintenance of Public Order

Pollock-The Redistributive Function Denied

The Response to Progressivism

Preface to Part Three

The Antitrust Campaign

Labor Legislation and the Theory of Lochner

Rate Regulation： The Assault on Munn v. Illinois

The Concept of the Nation

The American Empire？

Federalism and Liberty

Liberty Dishonored

Preface to Part Five

The Chinese Cases： Citizenship and the Claims of Procedure

The Early Free Speech Cases

Plessy， Alas

Conclusion

The End of a Tradition？

Acknowledgments

Table of Cases

Index

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A highly interpretive and eminently readable study of the Supreme Court during the period in which Melvin Fuller was Chief Justice, offering a complete account of the cases the Court saw during one of the most tumultuous times in U.S. history. The legacy of the Supreme Court at the turn of the century has largely been negative: decisions such as Lochner v. New York (1905), Pollock v. Farmers' Loan & Trust Co. (1895), In re Debs (1895), and Plessy v. Ferguson have been seen by subsequent generations of lawyers and judges as embodying a judicial method and philosophy that should be avoided at all costs. This book places these decisions in their historical context. It rejects the crude instrumental interpretation of these decisions and explains them as the expression of a conception of liberty that has its roots in the founding of the nation.