Justice Stephen Field
Shaping Liberty from the Gold Rush to the Gilded Age
Paul Kens
392 pages, 12 illustrations, 6-1/8 x 9-1/4
Cloth ISBN 978-0-7006-0817-1, $39.95
Outspoken and controversial, Stephen
Field served on the Supreme Court from his appointment by Lincoln
in 1863 through the closing years of the century. No justice
had ever served longer on the Court, and few were as determined
to use the Court to lead the nation into a new and exciting era.
Paul Kens shows how Field ascended to such prominence, what influenced
his legal thought and court opinions, and why both are still
very relevant today.
One of the famous gold rush forty-niners, Field was a founder
of Marysville, California, a state legislator, and state supreme
court justice. His decisions from the state bench and later from
the federal circuit court often placed him in the middle of tense
conflicts over the distribution of the land and mineral wealth
of the new state. Kens illuminates how Field's experiences in
early California influenced his jurisprudence and produced a
theory of liberty that reflected both the ideals of his Jacksonian
youth and the teachings of laissez-faire economics.
During the time that Field served on the U.S. Supreme Court,
the nation went through the Civil War and Reconstruction and
moved from an agrarian to an industrial economy in which big
business dominated. Fear of concentrated wealth caused many reformers
of the time to look to government as an ally in the preservation
of their liberty. In the volatile debates over government regulation
of business, Field became a leading advocate of substantive due
process and liberty of contract, legal doctrines that enabled
the Court to veto state economic legislation and heavily influenced
constitutional law well into the twentieth century. In the effort
to curb what he viewed as the excessive power of government,
Field tended to side with business and frequently came into conflict
with reformers of his era.
Gracefully written and filled with sharp insights, Kens' study
sheds new light on Field's role in helping the Court define the
nature of liberty and determine the extent of constitutional
protection of property. By focusing on the political, economic,
and social struggles of his time, it explains Field's jurisprudence
in terms of conflicting views of liberty and individualism. It
firmly establishes Field as a persuasive spokesman for one side
of that conflict and as a prototype for the modern activist judge,
while providing an important new view of capitalist expansion
and social change in Gilded Age America.
"Paul Kens has done a masterful job of making Stephen
Field and his jurisprudence understandable, and he has done so
in a lucid and indeed at times elegant manner."--Melvin
I. Urofksy, author of A March of Liberty
"Literate, perceptive, and impressively researched, this
book clarifies long-ambiguous aspects of the meaning of liberty
in the Lincoln-McKinley presidential decades."--Harold
M. Hyman, author of A More Perfect Union
"A major contribution to our understanding of the jurisprudence
of the late nineteenth century."--James W. Ely, Jr.,
author of The Chief Justiceship of Melville W. Fuller, 18881910
"This is history of American political thought, of law
and economic development, and of law and politics, as well as
a study of judicial activism. It is an absolutely essential revision
of what we know about Field and laissez-faire."--Martin
Shapiro, author of Who Guards the Guardians
"A fine study of one of our most interesting and important
justices. What is especially valuable is Kens' placement of the
issues addressed by Field in their social and political contexts.
The chapters on California are especially vivid and illuminating."--Sanford
Levinson, author of Constitutional Faith
"An incisive analysis of an extremely complex man and
the law he helped mold. Fresh, informed, and persuasive."--Gordon
Bakken, author of Practicing Law in Frontier California
PAUL KENS is associate professor of political science
and history at Southwest Texas State University and the author
of Lochner v. New York: Economic Regulation
on Trial and Judicial Power and Reform Politics: The
Anatomy of Lochner v. New York. In 1996 the Supreme Court
Historical Society awarded him the Hughes-Gossett Award for Historical
Excellence for the best article published in its journal.
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