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Morton J. Horwitz

モートン・J・ホーウィッツ

Morton J. Horwitz

Profile

Gender
Male
Nationality
United States
Languages
English
Residence History
New York (education / early life) → Cambridge, Massachusetts (affiliated with Harvard)

Career

Occupations
legal historian, law professor
Active Years
1964-
Affiliations
Harvard Law School
Influenced By
Legal realism, Clifford Geertz (influence regarding 'thick description')
Influenced
Subsequent generations of American legal historians

Education

City College of New York
Degree: A.B.
Period: 在籍期間不明
Year of Graduation: 1959
Country: United States
Harvard University
Degree: A.M., Ph.D.
Period: 1960年代初頭
Year of Graduation: 1964
Country: United States
Received A.M. (1962) and Ph.D. (1964)
Harvard Law School
Degree: LL.B.
Period: 1960年代中盤
Year of Graduation: 1967
Country: United States

Awards

Bancroft Prize
Work: The Transformation of American Law, 1780-1860
Organization: Columbia University (awarder of the Bancroft Prize)
Result: 受賞

Awards & Nominations

Works

Major Works

The Transformation of American Law, 1780-1860

1977 legal history

A detailed study of changes in American law from the late 18th century to the mid-19th century. Horwitz argues that judges consciously allied with a rising mercantile capitalist class and promoted legal rules favoring those interests. The book is a critical reappraisal of the 'Consensus School' of legal history.

legal historyclasscourts and capital

The Transformation of American Law, 1870-1960: The Crisis of Legal Orthodoxy

1992 legal history

Focusing on the late 19th and early 20th centuries, this sequel examines critics of the legal order—such as Holmes, Pound, and Llewellyn—and frames the period as a debate between legal formalism and legal realism.

legal formalismlegal realismcritique of legal theory

The Warren Court and the Pursuit of Justice

1998 legal history / court history

An encomium on the Warren Court that surveys major decisions and analyzes the Court's pursuit of justice and its social impact from a historical perspective.

Supreme Court historylaw and society

Bibliography

  • The Transformation of American Law, 1780–1860
  • The Transformation of American Law, 1870–1960: The Crisis of Legal Orthodoxy
  • The Warren Court and the Pursuit of Justice

Style & Themes

Literary Style
scholarly and analytical prosedetailed, source-based 'thick description'
Recurring Motifs
relationship between class and lawrole of courts and power structures

Legacy

Morton Horwitz has had a major influence on American legal history scholarship since the late 20th century. His 'The Transformation of American Law' is regarded as a foundational work that prompted a reassessment of legal history by highlighting class relations in law and society.

Academic Societies

  • American Society for Legal History (associated)

Archives

  • Harvard University-related archives (likely holdings)

Quotes

  • Students often nicknamed him 'Mort the Tort.'
    Source: Elena Kagan (recollection from law school days)

Trivia

  • He was nicknamed 'Mort the Tort' by students.
  • His early landmark work won the Bancroft Prize.