Opening of American Law: Neoclassical Legal Thought, 1870-1970Two Victorian Era intellectual movements changed the course of American legal thought: Darwinian natural selection and marginalist economics. The two movements rested on fundamentally inconsistent premises. Darwinism emphasized instinct, random selection, and determinism; marginalism emphasized rational choice. American legal theory managed to accommodate both, although to different degrees in different disciplines. The two movements also developed
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Opening of American Law: Neoclassical Legal Thought, 1870-1970