Thurman Arnold Goes to Washington: A Look at Antitrust Policy in the Later New Deal

1982 ◽  
Vol 56 (1) ◽  
pp. 1-15 ◽  
Author(s):  
Wilson D. Miscamble
Keyword(s):  
New Deal ◽  
Chief Executive ◽  
Antitrust Policy ◽  
Justice Department ◽  
American Presidency ◽  
The Subject ◽  
The Law ◽  
The One ◽  
The New Deal ◽  
Antitrust Division

No American presidency in this century has inspired quite so much controversy as the turbulent administration of Franklin D. Roosevelt. Even now, on the one-hundreth anniversary of his birth, and nearly fifty years after the coming of the New Deal, the contentious debates sparked during his four terms as chief executive are no less the subject of argument among historians than they were among the adversaries of the day. One issue in point is the question of antitrust, particularly the principles and practices of Thurman Arnold, who headed the Antitrust Division of the Justice Department during the later stages of the New Deal. While this essay will hardly resolve the contumacious debates over the policies of either Arnold or Roosevelt, Dr. Miscamble nonetheless offers some surprising, but persuasive, evidence about the internal workings of the administration, the antitrust philosophy of Roosevelt, and the remarkable practices of Arnold, the law professor turned antimonopolist.

Counting on Relief: Industrializing the Statistical Interviewer during the New Deal

2011 ◽  
Vol 24 (2) ◽  
pp. 281-310 ◽  
Author(s):  
Emmanuel Didier
Keyword(s):  
United States ◽  
New Deal ◽  
White Collar ◽  
The United States ◽  
The Other ◽  
Other Hand ◽  
White Collar Workers ◽  
Statistical Studies ◽  
The One ◽  
The New Deal

ArgumentWhen the New Deal administration attained power in the United States, it was confronted with two different problems that could be linked to one another. On the one hand, there was a huge problem of unemployment, affecting everybody including the white-collar workers. And, on the other hand, the administration suffered from a very serious lack of data to illuminate its politics. One idea that came out of this situation was to use the abundant unemployed white-collar workers as enumerators of statistical studies. This paper describes this experiment, shows how it paradoxically affected the professionalization of statistics, and explains why it did not affect expert democracy despite its Deweysian participationist aspect.

Racial Considerations and Social Policy in the 1930s

2002 ◽  
Vol 26 (1) ◽  
pp. 139-177
Author(s):  
John Brueggemann
Keyword(s):  
Social Policy ◽  
Race Relations ◽  
New Deal ◽  
Racial Inequality ◽  
Racial Stratification ◽  
Crucial Component ◽  
The Social ◽  
The One ◽  
Inclusive Society ◽  
The New Deal

Social policy that emerged from the New Deal era continues to shape race relations and politics today. Since the 1930s, scholars have debated the net effect of the New Deal on racial inequality. On the one hand, the social policies of the 1930s are viewed as a great step toward a racially inclusive society (Myrdal 1944; Wolters 1975; Sitkoff 1978, 1985; Ezell 1975; Patterson 1986; Weiss 1983). In contrast to previous eras and political regimes,Roosevelt's New Deal reflected a qualitatively different sense of government's responsibility toward its citizens, including African Americans. Alternatively, New Deal era social policy is considered a crucial component in the structure of American racial stratification (Lewis 1982; Rose 1993; Quadagno 1994; Valocchi 1994; Brown 1999).The legislative record of the New Deal was consistently racialized and discriminatory.Welfare policy, in particular, actively excluded and subjugated blacks. These contrasting portrayals reflect the ambiguity of the New Deal legacy of race relations.

scholarly journals LAW AS A VALUE, VALUES IN LAW (PART TWO)

2021 ◽  
Vol 1 (91) ◽  
pp. 69-79
Author(s):  
Aleksandrs Baikovs
Keyword(s):  
Legal Culture ◽  
Legal Regulation ◽  
Legal Order ◽  
Legal Consciousness ◽  
Apparent Lack ◽  
A Value ◽  
The Subject ◽  
The Law ◽  
The One ◽  
Fundamental Values

The paper deals with the category of "values", the Rights as a value, and fundamental values of law; including freedom, justice, and equality have been analyzed.The relevance of the research is determined not only by the apparent lack of exploration of the problem but also by the fact that the value of rights and legal values determine direction and meaning, as well as the content of the rules of law, which is their normative expression, and, ultimately, appearing as a kind of basis for the legal culture, the source of the formation of the legal consciousness and establishing legal order, ensuring the efficiency of legal regulation due to the using the embodiment in reality of freedom, justice, equality.Legal norms themselves acquire the importance of values and become the subject of evaluation. Among values themselves, which act as an ideal justification of law rules, the law rules themselves and assessments, on the one hand, there are not only close ties but also mutual transitions. Therefore, both their interrelated explanations and differentiation are necessary.

scholarly journals RECONSTRUCTION OF PROSTITUTION LAW IN PERSPECTIVE OF RELIGIOUS NORMS AND RENEWAL OF CRIMINAL LAW

2020 ◽  
Vol 1 (2) ◽  
pp. 105-112
Author(s):  
Noor Fajari Rofiq
Keyword(s):  
Criminal Law ◽  
Sex Workers ◽  
Criminal Code ◽  
Service Users ◽  
Legal Certainty ◽  
Conceptual Approach ◽  
The Subject ◽  
The Law ◽  
The One ◽  
Legal Concepts

Cases of prostitution as the subject of commercial sex workers (Pekerja Sex Komersial) and sex service users until now are free to undergo without the threat of punishment. Until now, there has been no rule that can punish prostitutes or prostitutes and their customers .then there needs to be a legal reconstruction to achieve a responsive law then need to reform the law to achieve the law in the goal. This research aimed to know and understand the Construction of Prostitution Crimes in the Criminal Code, and The Penal Code Bill is associated with Religious Norms. And Know and understand the Construction of Formulation of Prostitution Crimes that are Ideal and in line with religious norms for Indonesian society, as for normative juridical research methods. The approach used in this writing is a statutory approach or (statute approach) and the analytical and conceptual approach analysis of legal concepts. The results show that it is necessary to explore the concept of philosophical, sociological, and juridical basic values that the state to have legal certainty in society in the Criminal War draft stage. So digging into the philosophical value of the 1st  Pancasila,  The One Godhead (Ketuhanan yang Maha Esa), the five religions apply in Indonesia, including Islam, Christianity, Catholicism, Hindu, Buddha, and Confucian has asserted that the practice of prostitution is legally prohibited.

Reason, Humanity, and the Moral Law

2013 ◽  
Author(s):  
G. A. Cohen
Keyword(s):  
Immanuel Kant ◽  
Human Nature ◽  
Thomas Hobbes ◽  
Moral Law ◽  
Practical Identity ◽  
The Subject ◽  
The Law ◽  
The One ◽  
Kant's Ethics

This chapter comments on Christine Korsgaard's views on reason, humanity, and moral law in the context of her ethics. In particular, it examines Korsgaard's response to the question inspired by Thomas Hobbes' second argument, the one about the sovereign: how can the subject be responsible to a law that it makes and can therefore unmake? Korsgaard's ethics descends from Immanuel Kant, but it contrasts in important ways with Kant's ethics. Korsgaard's subject is unequivocally the author of the law that binds it, for its law is the law of its practical identity, and the subject itself “constructs” that identity. In the case of the Kantian subject, we can say that it both is and is not the author of the law that binds it. The chapter considers Korsgaard's claim that morality is grounded in human nature, along with her position on the problem of normativity and on obligation.

The One Hundred Days

2021 ◽  
pp. 336-356
Author(s):  
Peter Fritzsche
Keyword(s):  
New Deal ◽  
Weimar Republic ◽  
National Socialism ◽  
Third Reich ◽  
The Third ◽  
Great Achievement ◽  
The Future ◽  
The Third Reich ◽  
The One ◽  
The New Deal

This chapter studies how the transformations which occurred in less than “one hundred days” in Germany evoked the original template for the one hundred days: Napoleon Bonaparte's return from Elba and the reestablishment of the empire until his abdication in the wake of Waterloo in 1815. Each of the hundred days—Napoleon's, Franklin D. Roosevelt's, and Adolf Hitler's—recharged history. The one hundred days consolidating the New Deal and the Nazi seizure of power gave new shape to the future in the extraordinary year of 1933. Ultimately, the great achievement of the Third Reich was getting Germans to see themselves as the Nazis did: as an imperiled people who had created for themselves a new lease on collective life. Not everyone agreed with the Nazis on every point, but most adjusted to National Socialism by interpreting it in their own way, adhering to old ideas by pursuing them in new forms. As a result, more and more Germans had accepted the Third Reich. This reassembly closed off any consideration of returning to the democratic governments of the Weimar Republic; it was neither recognized as a possibility nor desired.

The Committee as an Instrument of Coördination in the New Deal

1937 ◽  
Vol 31 (2) ◽  
pp. 301-310
Author(s):  
Mary C. Trackett
Keyword(s):  
New Deal ◽  
Present Note ◽  
Horizontal Integration ◽  
Concerted Action ◽  
Policy Framing ◽  
Administrative Management ◽  
The Past ◽  
The Government ◽  
The One ◽  
The New Deal

Of all criticisms of the New Deal, the one most frequently emphasized is the lack of coördination. Headlessness in policy-framing and sprawling aimlessness in policy execution are twin charges which the Administration has been forced to admit. The recent report of the President's Committee on Administrative Management is an indication that the Administration intends to leave to posterity a good record on this score; but both practitioners and students of government are well aware that no reorganization can be so complete, so perfect in its functional allotment of duties to departments, that the problem of horizontal integration will not still need to be faced and solved. This reminder is less an apologia than an indication of the frame of reference of the present note; those who have been administering the government for the past four years have never been unaware of the need for concerted action among the executive departments, and many attempts have been made to achieve it. A device often employed for the purpose has been the interdepartmental committee.

Constitutional Conservatives Remember the Progressive Era

2016 ◽  
Author(s):  
Ken I. Kersch
Keyword(s):  
Political Science ◽  
Progressive Era ◽  
New Deal ◽  
The Other ◽  
American Government ◽  
Movement Building ◽  
The One ◽  
The Right ◽  
The New Deal ◽  
Intellectual Movement

This chapter maps the contemporary right's nascent obsession with the Progressive era as a developmental phenomenon—as a stage in the trajectory of a political-intellectual movement advancing through time. To that end, it ventures three main claims. First, the recent conservative focus on Progressivism represents a shift on the right of understandings of the historical location or source of contemporary constitutional problems, an understanding informed by the sequence of constitutional conservatism's development through time: whereas (old) “originalist” legal conservatives adopted Progressive thinking in focusing their attention on countermajoritarian “activist judges” and criticized the New Deal for its weightless, substance-free pragmatism, recent conservatives have forged a more global critique of contemporary constitutional practice that moves beyond judges to the entire modern structure and theory of American government, finding its weighty and substantive blueprint in the Progressive era, and its extension and institutionalization in the New Deal. Second, this more foundational and comprehensive constitutional critique was forged outside legal academia in political science, particularly by Straussian political theorists. And third, the overarching character of this critique centered on the Progressive era serves a movement-building function by offering a set of understandings that can win the assent of the movement's diverse factions, including social conservatives and religious traditionalists, on the one hand, and economic conservatives and libertarians on the other.

Remaking Government Institutions in the 1970s: Participatory Democracy and the Triumph of Administrative Politics

1998 ◽  
Vol 10 (1) ◽  
pp. 51-74 ◽  
Author(s):  
Sidney M. Milkis
Keyword(s):  
Progressive Era ◽  
New Deal ◽  
Participatory Democracy ◽  
Political Life ◽  
Public Action ◽  
Previous Decade ◽  
1960S And 1970S ◽  
The 1960S ◽  
The One ◽  
The New Deal

Interpreting the 1970s is a difficult business. On the one hand, reformers struggled earnestly and effectively to codify the exalted vision of a good society that was celebrated during the 1960s. And yet in doing so, they appeared to routinize rather than resolve the virulent conflicts of the previous decade. Scholars tend to agree that the reforms of the 1960s and 1970s marked a transformation of political life no less important than the Progressive Era and the New Deal. Unlike these earlier reform periods, however, the 1960s and 1970s did not embrace national administrative power as an agent of social and economic justice. Instead, reformers of the 1960s and 1970s championed “participatory democracy” and viewed the very concept of national governmental authority with deep suspicion. Indeed, Hugh Heclo characterizes the reform legacy of the 1960s and 1970s as one of intractable fractiousness, as a “postmodern” assault on the modern state forged on the anvil of reforms carried out during the Progressive and New Deal eras. “In the end, it appears that a great deal of postmodern policymaking is not really concerned with ‘making policy’ in the sense of finding a settled course of public action that people can live with,” he writes. “It is aimed at crusading for a cause by confronting power with power.”

On the Politics Skowronek Makes

1996 ◽  
Vol 8 (2) ◽  
pp. 248-252
Author(s):  
Jeffrey K. Tulis
Keyword(s):  
New Deal ◽  
Presidential Leadership ◽  
Political Order ◽  
The Political ◽  
Imperial Presidency ◽  
The Subject ◽  
The New Deal

Although there is an enormous literature on presidential leadership, only a handful of books on the subject shape the terms of debate regarding the place of the presidency in the American political order. Edward Corwin's classic, The President: Office and Powers, written during the New Deal, and Arthur Schlesinger Jr.'s Imperial Presidency, written during the Watergate era, are examples of such constitutive texts. Each reconceptualized the understanding of presidential leadership and connected that understanding to problems in the political order as a whole: they were synoptic, as well as constitutive texts.

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