Morton J. Horwitz is Charles Warren Professor of American Legal History at Harvard Law School. He is author of the widely acclaimed studies, The Transformation of American Law, 17801860 and The Transformation of American Law, 18701960: The Crisis of Legal Orthodoxy, as well as numerous articles. His commitment to interdisciplinary thinking has made his work familiar to scholars in many different fields. A cultural critic as well as a legal historian, Horwitz is interested in the crossroads of law, intellectual life, historical narrative, science, and art, and has illustrated how these ostensibly separate disciplines interact to form and inform patterns of cultural evolution. The following discussion begins with issues that Horwitz deals with in a Harvard Law Review foreword, "The Constitution of Change: Legal Fundamentality Without Fundamentalism." In this article, Horwitz sharply criticizes the current Supreme Court's tendency toward "color blindness" and static interpretations of the constitution, arguing for a theory of "a changing constitution that is capable of combining classical ideas of fundamental law with modernist conceptions of dynamic change." Horwitz's polemic is primarily directed against recent decisions in which the Court "wished away existing racial realities" by employing race-neutral principles. Horwitz contends that a history of racial injustice cannot be remedied by the insistence, now, on a race-neutral constitution. By carefully distinguishing between the concepts of preservation and regression, Horwitz proposes that there is a way to balance preservation with transformation, which in turn suggests a potentially progressive role for the past, or history, in today's modern world. 
Morton Horwitz 
Law and Civility 

Kim Anne Savelson 

text | 1 | 2 | 3 | 4 | 5 | 6 | 7