American Law in the Twentieth Century

by Lawrence M. Friedman

In this long-awaited successor to his landmark work A History of American Law, Lawrence M. Friedman offers a monumental history of American law in the twentieth century.

The first general history of its kind, American Law in the Twentieth Century describes the explosion of law over the past century into almost every aspect of American life. Since 1900 the center of legal gravity in the United States has shifted from the state to the federal government, with the creation of agencies and programs ranging from Social Security to the Securities Exchange Commission to the Food and Drug Administration. Major demographic changes have spurred legal developments in such areas as family law and immigration law. Dramatic advances in technology have placed new demands on the legal system in fields ranging from automobile regulation to intellectual property.

Throughout the book, Friedman focuses on the social context of American law. He explores the extent to which transformations in the legal order have resulted from the social upheavals of the twentieth century--including two world wars, the Great Depression, the civil rights movement, and the sexual revolution. Friedman also discusses the international context of American what has the American legal system drawn from other countries? And in an age of global dominance, what impact has the American legal system had abroad?

Written by one of our most eminent legal historians, this engrossing book chronicles a century of revolutionary change within a legal system that has come to affect us all.

Genres: Law, History, Legal

722 pages, Paperback

First published January 1, 2002

About the author

Professor of law.

Also author of mystery novels, The Frank May Chronicles.

Reviews

[Chris · Rating 4 out of 5]

An accessible and comprehensive survey of the multi-faceted historical development of American jurisprudence, public policy, and the legal profession in the 20th century. Written from a left-of-center point of view with sensitivity to various other perspectives. Worth having on the shelf as a reference.

[Lucas Mastalli-Lowther · Rating 3 out of 5]

Stands as a contrast to Friedman's more timeless "A History of American Law". "... in the 20th Century" looks at the law through a very broad lens, with in-arguably correct thesis that the law evolves as a reflection and partner of the society it exists within. Unfortunately, this leads to sections discoursing on the development of technological, cultural and social shifts which would benefit from either a great deal more breathing room, a different context, or outright exclusion. There is more overlap than might be desired between this book and, for instance, "Slouching Towards Utopia".

The subject matter is also increasingly dated, and self-aware of that development. While it covers the rapid ascent of the personal computer and the internet as best as it could at the beginning of the millennium, now a quarter-century later a book of equal length could (and hopefully has) been written on law in the digital age.

Which is not to say that there isn't much to treasure here. As ever, Friedman writes ably and accessibly, though without attempting to bow to the interests of the general public. He assumes, accurately I hope, that you have chosen to pick up his 600 page tome due to an interest in and perhaps some familiarity in the subject matter. From that point, his language is accessible and unafraid to be opinionated. For all my criticisms, this is likely the best book on its subject matter. I only wish it had been written today (or later) in order to gain more authority and avoid some speculation as to the duration and impact of end of the century developments.

[Alyssa Geng · Rating 4 out of 5]

‘The chief business of America is business. That may or may not be true; but the chief business of law is certainly business.’

[Oliver Bateman · Rating 4 out of 5]

Breezy and accessible, this text was a bigger hit with my undergrads than Friedman's longer, more detailed survey. The sections on the development of the legal profession and legal education are particularly good for a general history of this sort.

[Benjamin · Rating 4 out of 5]

Useful as a quick reference for many issues in the 20th century.

[Allee · Rating 3 out of 5]

A behemoth. Actually pretty interesting, from a history nerd perspective.

[Pacific Lee · Rating 3 out of 5]

Friedman’s sequel to A History of American Law is better organized than its predecessor, and if it were not for the esoteric topics covered or left-leaning commentary, I would I have given the book another star.

Some of the major themes covered include the growth of the welfare state and regulatory agencies, the transference of power from the states to Washington, minority rights (“plural equality”), and smaller topics like the explosion of tort law.

All of these themes are grouped together in larger chronological sections: Part I – The Old Order, Part II – The New Deal and Its Successors, and Part III – The Reagan and Post-Reagan Years.

The narratives are easy to follow and understand, although large segments may be redundant if you have already read a survey on 20th century US history.

Friedman is center-left, as another reviewer has mentioned, and will repeatedly make social justice type gestures, like using the pronoun “she” very noticeably (in a law history book, let’s be real). It is obvious he supports abortion, gays, identity politics, hates Reagan, etc. short of actually saying so.

The main justification for this book existing, the way he probably pitched to publishers, is its esoteric bent towards law students, and so I guess as a lay reader I really shouldn’t be too frustrated. But beware that there are major segments that you may end up skipping if you are like me, including an entire chapter on “Internal Legal Culture: The Legal Profession”.