This essay is for a course entitled “American Legal History from 1863-Present”. I have uploaded the pdfs of all documents that will aid in completing this essay. Let me know if there are any questions.
These are the exact instructions for the essay from the professor:
“This short essay should be a discussion of one or more of the arguments presented in either Duncan Kennedy’s “Toward an Historical Understanding of Legal Consciousness: The Case of Classical Legal Thought in America, 1850-1940,” or Morton Horwitz’s essay “The Rise of Legal Formalism.” Alternatively, you can compare the arguments of these two pieces with one another. Your essay, whether it focuses more on Kennedy or Horwitz’s article, should also consider, insofar as they are relevant, In re Debs or Lochner, or both. You could discuss the Slaughterhouse Cases, too. But it is not recommended that you undertake any additional reading, as this exercise is asking you to complete a close analysis of either Kennedy or Horwitz’s article (or both).
Your paper should not be longer than five pages typed, double spaced, using 12 pt. font (i.e., about 1000-1200 words). There is no need for a bibliography, but it is very important to cite references precisely (this means including page numbers) in footnotes or parenthetically, and even quote statements that are the subject of analysis. Crucially, the paper must have a thesis.”
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