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Law and the modern soul, 1870--1930.

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	Law and the modern soul, 1870--1930.
作者:	Roiphe, Rebecca.
面頁冊數:	256 p.
附註:	Adviser: Amy Dru Stanley.
附註:	Source: Dissertation Abstracts International, Volume: 63-04, Section: A, page: 1524.
Contained By:	Dissertation Abstracts International63-04A.
標題:	History, United States.
電子資源:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=3048417
ISBN:	0493627952

Law and the modern soul, 1870--1930.
Roiphe, Rebecca.

Law and the modern soul, 1870--1930. [electronic resource] - 256 p.

Adviser: Amy Dru Stanley.

Thesis (Ph.D.)--The University of Chicago, 2002.

This dissertation explores changing concepts of the self in American law at the turn of the century. The central argument is that massive shifts in the economic, political, and social universe strained the formalistic model of individuality that dominated nineteenth-century jurisprudence. In its place, courts began to recognize a complex evolving being, inextricably enmeshed in his or her surroundings. By analyzing the new legal subject and uncovering how and why the law generated this new definition of individuality, this dissertation explains some of the doctrinal implications of this fundamental revolution in the language of the law. It simultaneously contributes a new wrinkle in our understanding of why the rule of law persisted despite the economic, political, and social pressures of the era. The thesis suggests that by the time the Court developed its current substantive due process doctrine, judges, lawyers, and academics had long abandoned a model of individuality and freedom based on contract and property. They had already adopted a new definition of individuality rooted in personality and new definition of freedom based on self-development and self-expression.

ISBN: 0493627952Subjects--Topical Terms:

212533
History, United States.

Law and the modern soul, 1870--1930.
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520 # $a This dissertation explores changing concepts of the self in American law at the turn of the century. The central argument is that massive shifts in the economic, political, and social universe strained the formalistic model of individuality that dominated nineteenth-century jurisprudence. In its place, courts began to recognize a complex evolving being, inextricably enmeshed in his or her surroundings. By analyzing the new legal subject and uncovering how and why the law generated this new definition of individuality, this dissertation explains some of the doctrinal implications of this fundamental revolution in the language of the law. It simultaneously contributes a new wrinkle in our understanding of why the rule of law persisted despite the economic, political, and social pressures of the era. The thesis suggests that by the time the Court developed its current substantive due process doctrine, judges, lawyers, and academics had long abandoned a model of individuality and freedom based on contract and property. They had already adopted a new definition of individuality rooted in personality and new definition of freedom based on self-development and self-expression.
520 # $a Thus, the law generated a new definition of the self suited to the conditions of modernity. The new self was subject to change; it was fluid and malleable. Principles of contract and property no longer sufficed as a model for freedom and justice: Instead the law began to measure freedom by control over information. In the new legal landscape, individuals enjoyed liberty by developing their faculties and cultivating their personality as they wished. They were free so long as the government and private individuals did not attempt to limit this exercise by the accidents of birth.
520 # $a To explain this shift, this dissertation examines progressive legal theory, Brandeis and Holmes' First Amendment jurisprudence, the emergence of privacy law, the advent of the entrapment defense, and the origin of professional ethics. Each of the chapters simultaneously explores how this new definition of individuality served to legitimate the rule of law, an institution which was under an increasingly ardent attack as the progressive era passed by.
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