Works about J. Willard Hurst

One measure of the stature of James Willard Hurst within the field of U.S. legal history is that three different journals published symposium issues about his scholarship and career during the last quarter of the twentieth century. The most recent one, in Law and History Review (Spring 2000), is an excellent blend of articles and commentaries from senior historians who have engaged Hurst's work for several decades and junior historians who are taking his insights in new directions. But if you wish to trace on your own the evolving views about Hurst's work, start with Robert Gordon's introduction to Hurst in the first symposium published in Law and Society Review (1975/1976). For subsequent, more critical views, read the pieces by Sidney Harring and Barry Strutt and by Eugene Genovese, along with Hurst's response, in the American Bar Foundation Research Journal review symposium in 1985. Then take a look at Aviam Soifer's retrospective review of The Growth of American Law in which Soifer attacks the assumption that Hurst offered a "consensus" history like that of other historians of his generation. Hurst in his interview with Hendrik Hartog acknowledges that his work often revealed a tension between visions of conflict and visions of consensus. Finally, to get a measure of the man as well as of the scholar, read the affectionate tributes of his friends and colleagues published shortly after his death in the Wisconsin Law Review.

Abrahamson, Shirley S., John P. Frank, Charles F. Luce, Lawrence M. Friedman, Bill Foster, John Skilton, Samuel Mermin, Stewart Macaulay, William N. Eskridge, Jr., and Arthur F. McEvoy, "Tributes to James Willard Hurst." Wisconsin Law Review, no. 6 (Nov-Dec, 1997): 1123-1210.

Auerbach, Carl A., "The Relation of Legal Systems to Social Change." Wisconsin Law Review, no. 6 (1980): 1227-1340.

Berry, Mary Frances, "New Directions for the Children of Hurst." Law and History Review 18, no. 1 (Spring 2000): 177-180.

Brooks, Russell E., "The Jurisprudence of Willard Hurst." Journal of Legal Education 18 (1966): 257-273.

Current, Richard N., "Willard Hurst as a Wisconsin Historian." Wisconsin Law Review, no. 6 (1980): 1215-1226.

Diamond, Stephen, "Legal Realism and Historical Method: J. Willard Hurst and American Legal History." Michigan Law Review 77 (January-March 1979): 784-794.

Duncanson, Ian W., "Seen from Afar: An Outsider's Response to the Hurst Symposium." Law and History Review 18, no. 1 (Spring 2000): 181-186.

Ernst, Daniel R., "Willard Hurst and the Administrative State: From Williams to Wisconsin." Law and History Review 18, no. 1 (Spring 2000): 1-36.

Flaherty, David H., "An Approach to American History: Willard Hurst as Legal Historian." American Journal of Legal History 14 (1970): 222-234.

Friedman, Lawrence M., "Some Problems and Possibilities of American Legal History." In The State of American History, ed. Herbert J. Bass, 3-21. Chicago: Quadrangle Books, 1970.

-----, Stewart Macaulay, Joel B. Grossman, Joel F. Handler, Hendrik Hartog, Robert W. Gordon, Harry N. Scheiber, Shirley s. Abrahamson, and Arthur F. McEvoy. "James Willard Hurst, 1910-1997." Law and Society Newsletter (August 1997).

Garth, Bryant G., "James Willard Hurst as Entrepreneur for the Field of Law and Social Science." Law and History Review 18, no. 1 (Spring 2000): 37-58.

Garth, Bryant G. and Joyce Sterling, "From Legal Realism to Law and Society: Reshaping Law for the Last Stages of the Social Activist State." Law and Society Review 32, no. 2 (1998): 409-471.

Genovese, Eugene D., "Law and the Economy in Capitalist America: Questions for Mr. Hurst on the Occasion of His Curti Lectures." American Bar Foundation Research Journal no. 1 (Winter 1985): 113-122.

Gordon, Robert W., "Hurst Recaptured." Law and History Review 18, no. 1 (Spring 2000): 167-176.

-----, "Introduction: J. Willard Hurst and the Common Law Tradition in American Legal

Historiography." Law and Society Review 10, no. 1 (1975): 9-55.

Harring, Sidney L. and Barry R. Strutt, "Lumber, Law, and Social Change: The Legal History of Willard Hurst." American Bar Foundation Research Journal no. 1 (Winter 1985): 123-137.

Konefsky, Alfred S., "The Voice of Willard Hurst." Law and History Review 18, no. 1 (Spring 2000): 147-165.

Landauer, Carl, "Social Science on a Lawyer's Bookshelf: Willard Hurst's Law and the Conditions of Freedom in the Nineteenth-Century United States." Law and History Review 18, no. 1 (Spring 2000): 59-96.

Macaulay, Stewart, "Wisconsin's Legal Tradition." Gargoyle 24, no. 3 (1994): 6-10.

Munger, Frank, "Law, Change, and Litigation: A Critical Examination of An Empirical Research Tradition." Law and Society Review 22, no. 1 (February 1988): 57-101.

Murphy, Earl F., "The Jurisprudence of Legal History: Willard Hurst as a Legal Historian." New York University Law Review 39 (November 1964): 900-943.

Novak, William J., "Law, Capitalism, and the Liberal State: The Historical Sociology of James Willard Hurst." Law and History Review 18, no. 1 (Spring 2000): 97-146.

O'Neil, Robert M., Lloyd K. Garrison, Robben W. Fleming, Charles F. Luce, Milton H. Cohen, Earl F. Murphy, Lawrence M. Friedman, and Robert W. Gordon. "Dedications to J. Willard Hurst." Wisconsin Law Review, no. 6 (Nov-Dec 1980): 1093-1130.

Pue, W. Wesley, "Locating Hurst." Law and History Review 18, no. 1 (Spring 2000): 187-196.

Scheiber, Harry N., "At the Borderland of Law and Economic History: The Contributions of Willard Hurst." American Historical Review 75, no. 3 (Feb. 1970): 744-756.

-----, "Federalism and the Processes of Governance in Hurst's Legal History." Law and History Review 18, no. 1 (Spring 2000): 205-214.

-----, "Public Economic Policy and the American Legal System: Historical Perspectives." Wisconsin Law Review, no. 6 (1980): 1159-1189.

Soifer, Aviam, "In Retrospect: Willard Hurst, Consensus History, and The Growth of American Law." Reviews in American History 20, no. 1 (March 1992): 124-144.

Sugarman, David, "Reassessing Hurst: A Transatlantic Perspective." Law and History Review 18, no. 1 (Spring 2000): 215-221.

Tomlins, Christopher. "Framing the Field of Law's Disciplinary Encounters: A Historical Narrative." Law and Society Review 34 (2000): 911-972.

Tushnet, Mark, "Lumber and the Legal Process." Wisconsin Law Review, no. 1 (1972): 114-132.

Welke, Barbara Y., "Willard Hurst and the Archipelago of American Legal Historiography." Law and History Review 18, no. 1 (Spring 2000): 197-204.

Works by Hurst

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