Based on a detailed examination of New York case law, this
pathbreaking book shows how law, politics, and ideology in the
state changed in tandem between 1920 and 1980. Early
twentieth-century New York was the scene of intense struggle
between white, Anglo-Saxon, Protestant upper and middle classes
located primarily in the upstate region and the impoverished,
mainly Jewish and Roman Catholic, immigrant underclass centered in
New York City. Beginning in the 1920s, however, judges such as
Benjamin N. Cardozo, Henry J. Friendly, Learned Hand, and Harlan
Fiske Stone used law to facilitate the entry of the underclass into
the economic and social mainstream and to promote tolerance among
all New Yorkers.
Ultimately, says William Nelson, a new legal ideology was created.
By the late 1930s, New Yorkers had begun to reconceptualize social
conflict not along class lines but in terms of the power of
majorities and the rights of minorities. In the process, they
constructed a new approach to law and politics. Though doctrinal
change began to slow by the 1960s, the main ambitions of the
legalist reformation--liberty, equality, human dignity, and
entrepreneurial opportunity--remain the aspirations of nearly all
Americans, and of much of the rest of the world, today.