Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
Hostname: page-component-78c5997874-v9fdk Total loading time: 0 Render date: 2024-11-14T23:20:16.466Z Has data issue: false hasContentIssue false

Chapter 1 - Personnel and Organizing Ideas

from Section A: Setting the Stage

Published online by Cambridge University Press:  13 January 2022

Mark V. Tushnet
Mark V. Tushnet
Affiliation:
Harvard Law School, Massachusetts
Get access

Summary

After describing the backgrounds and roles of the Justices on the Hughes Court, the chapter examines several theories about how courts decide cases. The theories counterpose “formulas” to ideas about social needs, with Hughes, Felix Frankfurter, and Benjamin Cardozo offering versions of the latter. The theories are linked to broader conceptions of American government articulated by Herbert Croly and Arthur Bentley.

Keywords

Charles Evans HughesSupreme Court justices in 1930Benjamin Cardozolegal realismHerbert Croly
Type
Chapter
Information
The Hughes Court
From Progressivism to Pluralism, 1930 to 1941
 , pp. 11 - 56
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×