Thurman Arnold (1891-1969) was a major iconoclast of American law and a great liberal of the 20th century. In this first biography of Arnold, Spencer Weber Waller traces Arnold's life from his birth in Laramie, Wyoming, and explores how his western upbringing influenced his distinctive views about law and power. After studying at Princeton and Harvard Law School, Arnold practiced law in Chicago, served in World War I, and eventually returned to Laramie, where he was a prominent practitioner, mayor, and state legislator in the 1920s. As the rise of national corporations began to destroy the local businesses that were the core of his legal practice, Arnold turned from the courtroom to the academy, most notably at Yale Law School, where he became one of the leading spokesmen for the legal realism movement. Arnold’s work attracted the attention of Franklin Roosevelt, who appointed him to head the Antitrust Division during the New Deal. He went on to establish Arnold, Fortas & Porter, which became the epitome of the modern Washington, DC law firm, and defended pro-bono hundreds of clients accused of Communist sympathies during the McCarthy era. One of the few individuals who shaped 20th century American law in so many of its facets, Arnold's biography is long overdue, and Waller honors his life and legacy with a book that is both vividly narrated and extensively researched.

When the first volume of Morton Horwitz's monumental history of American law appeared in 1977, it was universally acclaimed as one of the most significant works ever published in American legal history. The New Republic called it an "extremely valuable book." Library Journal praised it as "brilliant" and "convincing." And Eric Foner, in The New York Review of Books, wrote that "the issues it raises are indispensable for understanding nineteenth-century America." It won the coveted Bancroft Prize in American History and has since become the standard source on American law for the period between 1780 and 1860. Now, Horwitz presents The Transformation of American Law, 1870 to 1960, the long-awaited sequel that brings his sweeping history to completion. In his pathbreaking first volume, Horwitz showed how economic conflicts helped transform law in antebellum America. Here, Horwitz picks up where he left off, tracing the struggle in American law between the entrenched legal orthodoxy and the Progressive movement, which arose in response to ever-increasing social and economic inequality. Horwitz introduces us to the people and events that fueled this contest between the Old Order and the New. We sit in on Lochner v. New York in 1905--where the new thinkers sought to undermine orthodox claims for the autonomy of law--and watch as Progressive thought first crystallized. We meet Oliver Wendell Holmes, Jr. and recognize the influence of his incisive ideas on the transformation of law in America. We witness the culmination of the Progressive challenge to orthodoxy with the emergence of Legal Realism in the 1920s and '30s, a movement closely allied with other intellectual trends of the day. And as postwar events unfold--the rise of totalitarianism abroad, the McCarthyism rampant in our own country, the astonishingly hostile academic reaction to Brown v. Board of Education--we come to understand that, rather than self-destructing as some historians have asserted, the Progressive movement was alive and well and forming the roots of the legal debates that still confront us today. The Progressive legacy that this volume brings to life is an enduring one, one which continues to speak to us eloquently across nearly a century of American life. In telling its story, Horwitz strikes a balance between a traditional interpretation of history on the one hand, and an approach informed by the latest historical theory on the other. Indeed, Horwitz's rich view of American history--as seen from a variety of perspectives--is undertaken in the same spirit as the Progressive attacks on an orthodoxy that believed law an objective, neutral entity. The Transformation of American Law is a book certain to revise past thinking on the origins and evolution of law in our country. For anyone hoping to understand the structure of American law--or of America itself--this volume is indispensable.

"A major and challenging work. . . . Provocative, and certain to be controversial. . . . Will add important new dimension to the continuing debate on the decline of liberalism." —William Julius Wilson, New York Times Book Review Can we continue to believe in progress? In this sobering analysis of the Western human condition, Christopher Lasch seeks the answer in a history of the struggle between two ideas: one is the idea of progress - an idea driven by the conviction that human desire is insatiable and requires ever larger production forces. Opposing this materialist view is the idea that condemns a boundless appetite for more and better goods and distrusts "improvements" that only feed desire. Tracing the opposition to the idea of progress from Rousseau through Montesquieu to Carlyle, Max Weber and G.D.H. Cole, Lasch finds much that is desirable in a turn toward moral conservatism, toward a lower-middle-class culture that features egalitarianism, workmanship and loyalty, and recognizes the danger of resentment of the material goods of others.

Written in 1937 when the Thurman W. Arnold was a law professor at Yale, the Folklore of Capitalism is a puckish but serious critique of what he saw as the myths of capitalism. Summing up his book in the Preface, the author said, "By the folklore of capitalism I mean those ideas about social organizations which are not regarded as folklore but accepted as fundamental principles of law and economics." The book, which satirizes many beliefs of American laissez-faire society, was a best-seller and brought Mr. Arnold national attention.